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AND NOtTHiRN AHFAttS IMMU 

REPORT 



. ?3Fo 



ON 



CANADIAN ARCHIVES 



BY 



DOXJGL^S BRYMNEIR, Archivist 



189 



(Tieinrj an Appendix to Report of tk. Minister of Agriculture.) ^ 




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OTTAWA: 

PRINTED 15V S. E. DAWSON, PRINTETl TO THE QUEKxX'S AJOST 

EXCELLENT MAJESTY. 

1893 




[No. 7«.— 1893.] Price 30 



cents. 






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co>^te:n'T8. 



Paob. 



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Archivist's Report 

List of books, &c., presented with the names of the givers 

Note A. — Settlements and Surveys. 

Applicants for lands in May, 1788 

The same in July, 1788 .. 

The same from Julv to October, 1788 

The same in March, 1789 

The same in July, 1789 

Toivnship of Lancaster 

First concession 

Second do 

Third do 

Land Board of Mecklenburg 

List of reduced officers of Provincial corps who applied for land be- 
tween 17th June and 9th September, 1789 

List of old settlers applying during the same period 

List of persons from the American States, &c., admitted during the 
same period • 

List of lands granted between Ist October, 1788, and 23rd September, 
1789 

Townships mentioned in last list 

Petitioners at Montreal, reported in January, 1790, for lands on the 
Ottawa 

Settlers at Hamilton, Bay of Chaleurs, who have no titles to lands 
occupied since 1762 

Note B.t-Lower Canada in 1800, 

Lieut. Governor Milnes to the Duke of Portland -. 

Enclosed : 

Land granted in Canada previous to the Conquest 

Eovenues and expenditures from 1795 

Eemarks 



Note C- 
No. 



I 

Ix 

1 
1 
2 
3 
4 
5 
5 
5 
6 
6 

6 
6 



1 

8 



9 

14 
14 
15 



-Ecclesiastical Affairs in Lower Canada. 

1. Lieut. Governor MUnes to Lord Ilobart 

2. Anglican Bishop of Quebec to Lieut. Governor Milnes 

Enclosed: 

Appendix A 

do B 

do C 

do ■ D 

3. Lord Hobart to Lieut. Governor Milnes 

4. Conversation, Mgr. Plessisand Attorney General Sewell 23 

First Report 23 

Second Report 27 

5. Lieut. Governor Milnes to Lord Camden. 29 

Enclosed ; 

Requete de Mgr. Denaut au Roy- (original) 30 

Petition of Mgr. Denaut to the King (translation) 31 



16 
16 

21 
21 
21 
22 
22 



CANADIAN ABCHIVK8. 
^ Paob. 

^ Answer by Pi'OHidont(7rant.. 36 

4 MomoranJum on A«Bembly « Address ..■..•••• 37 

I' Prnnosed answer to the Address..... 37 

6 £ eTaovernor Gore to Mr. Windham ;VV;;;::: •.;;;; 39 

?■ JiiLo Thorpe to Edward Cooke 40 

8 Same to Lord Castlereagh....^...;. .■■••_••*(; [[ 41 

9 Proceedings of Afrrieultural Society, U. C • ^ 

in indee Thorpe to Edward Cooke .^. 44 

n iSt- Justic^e Allcock to Sir George Shee •;;;;;:;;;;:;. 45 

12 W. Harrison to thosame^.... ; 46 

13'. Judge Thorpe to Adam Gordon .■•••• 46 

16 Judge Thorpe to Edward Cooke 49 

17 Same to Adam Gordon 50 

1^- S."SeS'i:r?^v. windhi-m::::::.: .....-■•.•;;:;;;;;;::::; II 

ll' Gmyjury, Western District to the Bame 54 

1" ?eUt JuryfWestern District, to the same ..••-•••• 55 

24 Petit Jury, Niagara, to the same 56 

25 Eequisition to the same ..■■■■ 57 

2fi ludtre Thorpe to Sir George Shoe 59 

27: Weut Governor Gore to Mr. Wmdham •••••••••;;;;;;;;;;. 59 

28 Same to the same 

^"t-Sucitor General (FArcy Boulton) to ^i-t. Governor " ^^ 

Gore : "„ 60 

C-Quetton St. George to the same 61 

29. Lieut. Governor Gore to Mr. Windham • •••••••••• gl 

30. Same to the same 

^"A!!Srand Jury, Home District, to .Judge Thorpe............... ^ 

-R Pettv Jury to the same • 66 

S-.Zcffi of Issembly to W ^a ton ..^.^^^.•.•••••••••••••; ,, 

D. and E.-DuplicateH ««; ^8 and 21 d th^^^^^^^^^ q^^, 67 

Y _K. Hamilton and Joseph ^^^^^^l^^^^lS, &c '^^ 

G.-Thomus 13. Gough to the Electors ot York, &c.... ^ ^g 

Answer to address •. •■•;• 69 

H._William Allan to Lieut. ^^^^^"^^ThoJne 'and Lieut. Gov. 

No 1 Conversation between Judge ihoipe anu u ^^ 

Gore 71 

Eemarkson thesame..... -'''r'''' 73 

2 Judge Thorpe to Lieut. Governor Goie ^^ 

Remarks on the same.... 76 

31. Lieut. Governor Gore to Mr. Wmdham 

Affidavits enclosed: 76 

George Hicbard Ferguson 77 

Lieut. Ranny L. Besseror ••••• 77 

Titus Gecr Simons 79 

Joseph Cheniquy ' "y 79 

John Richardson • ,•••••••■•':■;" 80 

Certificate of Richardson's character 



CONTENTS. 



32 

33 

35 

36 

37 

37 

39 

40 

41 

44 

44 

45 

46 

46 

48 

49 

49 

50 

51 

52 

53 

54 

54 

55 

56 

57 

59 

59 



59 
60 
61 
61 

64 

65 

66 

60 

67 

68 

68 

69 

69 
71 
73 
75 
76 

76 
77 
77 
79 
79 
80 



Note D. — Political State of Upper Canada in 1806-7 — Continued. 
32. Lord Castloroagb to Liout. (ioveinor Gore... .. 



33. 



Lieut. Governor Gore to Lord Cat»tloreagh. 



Enclosures ; 

No. 1. Eeport of the Executive Council 

2. Judge Thorpe to Josopli VVilicoclcs 

3. Same to the Bame 

4. Chiof Justice (Scott) to Lieut. Governor 

f 5. Judge Thorpe to Chief Justice 

6. Electors of York to Judge Thorpe 

7. Freeholders, &c., of Yoik , 

8. Anonymous to Hon. John McGill 

9. Anonymous 

10. John Powell to Lieut. Governor Gore 

34. Lieut. Governor Gore to Lord Custlereagh 

Enclosures : 

A.~\V. Dummer Powell to Lieut. Governor Gore 

B. — Address by Judge Thorpe to the FreeholderM of York, &c, 

35. Judge Thorpe to Sir George Shee 

Enclosures : 

No. 1. Grand Jury, London District, to Lieut. Governor Gore.. 

2. Joseph Brant to Judge Thorpe 

3. Judge Thorpe to Lieut. Governor Gore 

4. Address. Electors of York, Durham and Simcoe 

36. Judge Thorpe to Sir George Sheo 

Enclosure : 

Address of the Legislative Assembly to Lieut. Governor 

37. Joseph Willcocks to Mr. Windham 

38. Judge Thorpe to Sir George Shee 

39. Same to the Secretary of State 

40. Lieut. Governor Gore to George Watson - 

41. Judge Thorpe to Secretary of State 

Enclosed : 

Grand I?iver Indians to William Claus 

42. John Mills Jackson to Lord Castlereagh 

43. Judge Thorpe to Edward Cooke 

44. Same to the same 

45. Lieut. Governor Gore to George Watson 

Enclosures : 

No.l. C. B. Wyatt to Judge Thorpe 

Remarks on preceding letter 

2. Mr. Wyatt to Mr. Baldwin 

Hemarks on letter ^ 

Wyatt's Correspondence with Colonial Office : 

(a). C. B. Wyatt to Lord Castlereagh 

(6). Same to the same 

(c). Memorandum attached 

(d). C. B. Wyatt to ?]d ward Cooke 

(e). Same to Lord Castlereagh 

A. — Extract enclosed in letter (e) 

B. — do do do 

C. — do do do 

D. — do do do 

(/).C.B.W3^att to Lord Castlereagh 

(g). Same to the same. 



rA(iK. 

80 
81 

82 
82 
83 
83 
83 
84 
85 
85 
86 
86 
87 

87 
89 
89 

90 

92 
93 
94 
97 

99 
100 
100 
102 
103 
105 

107 
108 
111 
112 
113 

116 
117 
118 
122 

123 
123 
124 
124 

124 
128 
129 
129 
129 
130 
130 



CANADIAN ARCHIVES. 



Note D.-Politioal State oj- Upper Canada in mG-7-Concluded. 
Wyatt's Correspondence with Colonial 0^'ce— Conchuiod. 
(A). Lord Castleroagh to C. B. Wyatt 

(j). C. B. Wyatt to Hdward Cooke '. .".'.'.'.".".".'.'.'.'.'.'."."*.'.*.'. 

Liwt of papers referred to in (i) 

No. 3 of No. 45. Extracts from letters to JuVlLre Thorpe 

A^ -kf m, * ^° **'*• Mrs. Wyatt's information 

4h. Mrs. Thorpe to Edward Cooke 

47. Lieut. Governor Gore to Adam Gordon..!...'.'.!.!!!! 



Paoe. 



131 
131 
133 
134 
134 
135 
135 



State 



Note B.— Courts op Justice for the Indian Country. 

No. 1. Lieut. Governor Milnes to Lord Hobart 

Enclosed : 

A.— The Judges of King's Bench, Montreal, to Lieut. Governor 
Munes 

B.— Presentment of th e Grand "j"u ry . Montroai '"!"!!!! 

C— Report of the Attorney General 

D.— Jleturn of Ports, &c., in the Indian Co'untr!}^!!!!!!"!!""'!"" 

Ji.— Peltries cleared at Quebec, 1793 to 1801 . 

„ T , ^VT, '"^ exported in 1801, with prices 

2. John Richardson to H. W. Ryland...„ !". '' 

Note F.— Proposed General Fishery and Fur Company. 

No. 1. Sir Alexander Mackenzie to Lord Hobart 

Enclosed : 

Articles and observations 

2. Sir Alexander Mackenzie to John Sullivan......... .........".,..'..".".', "" 

State Papers, Lower Canada, Calendar. 



Q. 85. Lieut. Gov. Milnes and miscellaneous, 1800 



Q. 8«-l and 2. 


do 


Q. 87-1. 


do 


Q. 87-2. 


do 


Q. 88. 


do 


Q. 89. 


do 


Q. 90. 


do 


Q. 91. 


do 


Q. 92. 


do 


Q. 93. 


do 


Q. 94. 


do 


Q. 95. 


do 


Q. 96. • 


do 


Q. 97. 


do 


Q. 98. 


do 



1801. 

and miscellaneous, 1801. 

do 1801. 

1802 

and miscellaneous, 1802. 

do 1802. 

1803 

1803 

and miscellaneous, 1803. 

1804 

1804 

1804 

1805 



and Acting Gov. T. Dunn, 1805. 



Q. 99 Acting Gov. T. Dunn and miscellaneous, 1805 

Q- 100. do 1806 

^" }?J:~l' ^° ^^"'^ misceiianeouB, 1806. 

^- }^J-2- do do 1806 

Q- 102. do 1807 

Q. 103. do J807 

Q- 104. do 1807 

Q. 105 do 1807 .......'.".'.'.".".'.".'. 

S" }^^~h ^ovoJ'nor Craig and miscelianeous, 1807 '".'.'. 
Q. 106-2. do do 1807 



136 



138 
139 
141 
142 
143 
144 
144 



147 



147 
150 



153 

162 

168 

172 

179 

182 

190 

194 

200 

210 

214 

220 

224 

229 

235 

242 

248 

253 

255 

259 

265 

267 

273 

275 

277 



Paob. 



131 
131 
133 
134 
134 
135 
136 



136 



138 
139 
141 
142 
143 
144 
144 



State Papers, 


Q. 


201- 


^l 


2!)2. 


Q. 


293. 


Q. 


294. 


(i. 


298. 


Q. 


296. 


Q. 


297. 


t^ 


298- 


Q. 


299. 


Q- 


300. 


Q. 


301. 


Q. 


302. 


Q 


303. 


(I 


304. 


Q. 


305. 


Q. 


30ti. 


Q. 


307. 


Q. 


308- 


Q- 


309- 


Q. 


310. 



CONTENTS. 1 

Paoe. 
, Upper Canada, Calendar. 

1 and 2. Liout. (rov. Potoi- lluritor und mincollaneous, 1801 28(5 

Liout. (lov. Potor Ilutitor, 1802 289 

do and mi8<ellane()ii8 1802 292 

do 1S03 298 

do 1803 299 

do 1803 308 

do 1804 320 

land 2. do 1804 321 

do and miscelliineoiiH, 1804 335 

do IHir) 342 

do 1805 344 

do 1805 : 347 

do and miscelliinoous, 1800 356 

Acting Gov. A. Grunt, 1806 361 

do and miHcoUanoouM, 1806 362 

Lieut. Gov. Goro, 1807 371 

do 1807 378 

-liin(i2. do 1807 378 

-land2. do 1^07 385 

do and mibccllaneoue, 1807 394 



147 



147 
150 



153 

162 

168 

172 

179 

182 

190 

194 

200 

210 

214 

220 

224 

229 

235 

242 

248 

253 

255 

259 

265 

267 

273 

275 

277 



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REPORT ON CANADIAN ARCHIVES. 

DOUGLAS HUVMNKIl, LL.D, P.R.S.C, AHOirrVfST. 



Honoiiniblo A. R. ANriEiis, 

Minister of Agriciilturo, 
&o.. &c., &o. 

SiE,— I huvo tiio honour to present tho report on Archives for 1892. 
Since tlio iiist report thoro huvo been rci-oivod and are now on the Hhelves 
transcripts of the State Papers for Lower Canada to 1825, a continuation o' ihe 
a<lmini8tration of Monk and in addition those of Maitland, as aotin^r Governors Lord 
Dalhousie as Governor-in-chiof, Burton as President of the Council and tho resump 
tion of office by Lord Dalhousio in September, 1825. Tho papers during that period 
deal with mattors of great interest; the proposed Union in 1822 of tho two Provinces 
with tho arguments for and against tho proposal, which it is well known did not take 
effect tdl twenty years later, tho report on grievances, the questions between Upper 
and Lower Canada respecting the revenue ar.d other subjects hehl at the time to be 
oi vital importance. Tho last volume received for Lower Canada, shelf marked 
Q. 173, contains correspondence from the vaiious public officos. Work is now in pro 
gross on tho subsequent volumos, those to 1830 being nearly completed, as appears 
by the monthly reports transmitted by the Honourable the High Commissioner 
^or Upper Canada, transcripts have be.,n received to 1820,covering the period of Sir 
Peregrine Maitland's administration and tho beginning of that of Sir .lohn Colborne 
and work is now well advanced on subsequent volumes, which include the corres' 
pondonce, accounts, diagrams, idc, of tho Upper Canada Company, from the date of 
Its establishment in 1825. 

From tho frequent in.,uirio8 respecting tho instructions to the Governors which 
were nowhere to be found in a collected form, directions wore given to have an 
exhaustive search made and special or.iors were issued as to the arrangement and 
method of copying, so as to have the complete set of instructions, unencumbered 
with repetitions, where the instructions to one Governor were simply duplicated 
with tho necessary change of name, &c. The instructions were scattered through 
various sets of papers in tho Colonial Office, but they have now been brought together 
arranged chronologically, those n..ted only, not copied, which contained no chancre' 
variations given where these were found, and only such instructions subsequent to tho 

;rr*.?^i '"■'""?'' '' '""'■"" ^^e'""^' to be necessary. The instructions, from 
17C3 to 1867, are now bound in four volumes, being one each for the Province of Que- 
bee, for Lower Canada, for Upper Canada and for the P-ovince of Canada, after the 
Union of the two Provinces had boon effected. A similar course has been followed 
w, h the Governors' Commissions, which wore found among the Chancery Patents 
in tho Loga| Search Room of the (>ublic IJecord ottice, each commi..siou Ibrming part 



n 



CANADIAN ARCHIVES. 



of a parchment roll. They have been bound in one volume and, like the instructions, 
extend from 1763 to 18(57, the date of Confedei'ation, so that the commissions and 
instructions are at once accessible. 

Th*. minutes of the Executive Council are of groat importance, but only a few 
are to be found scattered amongst the ordinary State Papers. These minutes form 
part of the Board of Trade Papers. Three volumes from 1764 to 1766, have been 
received and work is now well advanced on the others, so that investigators, when 
those latter have been received, will have at command a complete view of the deci- 
sions and publicly stated motives of the governing body during the period in which 
it existed. 

A I'cference to the list of documents and books presented during the year will 
show the extent of the inteitst taken in the work. Among the manuscripts presented 
is an important collection of the correspondence of Mr. A. W. Cochrane, one of Sir 
Gi 5rge Pi'evost's secretaries ia Nova Scotia, for which we are indebted to the 
thoughtfulnoss and consideration of the Honourable Senator Almon ; Captain Bagot, 
grandson of Sir Charles Bagot, Governor of Canada from 18-12, has sent an excep- 
tionally valuable collectior /f original manuscripts, letter-books and other documents 
throwing light upon the events occurring during Sir Charles Bagot's administration. 
We are also indebted to Dr. Herbert Nelson for some interesting documents from 
the collection of papers in his possession. 

The reports on settlements and surveys are continued in this report on the same 
principle as those previously giv'on. The names of applicants and grantees being in 
alp!aabetical oi'der, and the pages given in the calendar of eaoh volume in which 
they are contaim^d, the descendants of the original settlers need have no difficulty 
in obtaining all the information furnished in the reports. Much of that is, however, 
very meagre, although, even so, it may be ibund useful in tracing the descent of 
families making inquiries. The lists given in Note A, are those of applicants for 
lands before the Province of Quebec was divided and are in continuation of those in 
the report for 1801. 

As in that report, the documents calendared covev the same period in each 
Province. It is, in fact, impossible to separate them without detriment to the 
accuracy so necessary in reports of this nature, as although certain local subjects 
are disiinct, the general interests are so closely connected, especially in relation to 
Imperial concerns and to foreign governments, that this course must of necessity 
be followed to the date of the reunion of the Provinces, when the documents form 
part of one general collection, and must be treated as such when permission is 
obtained from the Imperial authorities to have transcripts made of the documents 
subsequent to 1842, to which date permission has been given to have copies made. 
The observations on tho documents calendared or published in full in this report 
will, therefore, be ti'eated as a whole, where that is I'equired by their nature, those 
of a local character being treated se|jarately. 

In Lower Canada events have been brought down to the period of the arrival of 
Sir liobort Shore Milnes, Lieutenant-Goveriior, administering during the absence of 
General Prescott, the Governor-in-chief 

One of Sir Robui't's first effortB appears to have been directed towards the 
increase of the revenues from the properties of the Crown, these hpvingbeen granted 
in aid of the civil expenditure of the Province. In this view, therefore, it seems 
desirable to give details of the transactions with regard to these properties as affect- 



REPORT OP THK ARCHIVIST. 



iii 



i-ig the finances, which in the frequent cases of deficits were supplemented bv the 
Br.t,8h Government on requisition from the (iovernors or adm InTs "ators 4° 

tl T^ Roberts arrival, but he was able to report in one of his earlv 

Po 'r^om £4Vo tn t^ '"^^^ ';.V'"' '^ '"P"' *° ^"^'-^"^^ '"^^ ^«"^'l of the King's 
1 osts from £400 to between £2,000 and £3,000. In regard to the Kin-'s Wharf it 

C s^om^^^^^^^^^^^ '-'' '' '' '''-'''^'y P-P--. -^ for ti::^:^' of 

Moiir , ana IWI) and the Bat.s .an I,-o„ Co., each olferini; lo i-ive a hi.rher Miit th.,n 

r» , S;! ^ «|Jend,t„re of £1,500 on improvomenlBi the BMiean Iron Co 
ofteted £800, without an obligation to expend anj ,„ra fo,- improveme u? Thi, oiS 
wa, eon„„,,„,eated to Monro and Bell, with the notice that a leT "nt „ „,t b 

Si, R^K ?M ■ I'"'' ""f' '^'"' '" ^-^I'''-*^' Thomas Dunn, the actin-r Governor 
Sn Robert M.lnes being absent on leave, found himself in an awkward ponitini 

Governor or LieutenantGovernor. In the report of the Committee o;Co"neil 
reference was made to a previous report made on the let of AI^u Tsn? , ? ' 

pu licrv'i '"■."t".*",'" '""'">■ ^''»'-» ""•' "'•" 'I- cae .10 d he 



wore not in such a state of I'ead 



to, but a short delay toolc dIs 



mess as to admit of the 



place on f ho ground tlust the ;survoj, 



On the 1st of October the sale actually took i,l 



sale oil the date first fixed 



th 



'•eo previous bids, for £60 instead of the tl 



ace, the lease beini 



on. 



adjudged, after 



Bell being the successful b 
Ta— aJ 



idders. In comm 



ion existing rent of £850 31 



mi 



onro & 
icating the result to the Colonial 



IV 



CANADIAN ARCinVES. 



Office, in a letter dated 5th November, 1806, Dunn says: "The sale took 

" place on the let instant, =i= when two bidders only appearing besides Messrs. Monro 
" & Bell, the former lessees, it was knocked down to the latter at sixty pounds cur- 
" rency per annum. Althou<,'h I exceedingly lament the loss which the Provincial 
" revenue will sustain by granting th» lease upon terms so very disproportionate to 
" its actual value, I should not feel myself Justified in withholding it after so fair and 
" public a sale. I have, ihei'efore, directed the Attorney-lienoral to prepare the 
" draft of the lease accordingly, which I trust will be honoured with your approba- 
" tion." (Q. 100, p. 398). The answer by Mr. Windham, then Colonial Secretary, 
contained only a mild expression of regret at the result. The want of precsiution at 
the sale had not, however, passed without remark. Mr. Allcock, the Chief Justice, 
had recommended Mr. President Dunn to have the upset price fixed at £850, and 
that no adjudication should be made without three bids of £25 each, but the President 
refused to insert such conditions. The Chief Justice adds: " This has occasioned a 
" good deal of murmuring and dissatisfaction throughout the town and in short 
" throughout the i'rovince, because these rents had been given up by His Majesty, 
" for the use of the Colony and to go in aid of the Civil Government." (Q. 101-2, 
p. 425). However, he said, the lease was not yet signed and he would take care that 
the terms of the sale should be rigidly scrutinized. Lord Castleroagh, who suc- 
ceeded Mr. Windham, took a much more serious view of the matter than his prede- 
cessor. Id the despatch dated 4th July, 1807, His Lordship says : " With I'egard 
" to the appointment of Mr. Fargue, your stepson, to succeed Mr. Lees, as Store. 
'• keeper in the Indian Department, I think it my duty to withhold the communicat- 
" ini' to you any approbation of this nomination, till I shall receive a more satisfac- 
" torv account with regard to the letting by auction the Government Forges. It 
<' must be eviilent that works which had let on lease for £850 a year, and which the 
" lessee otfered to hold on annually at the same sum, could not have been suffered to 
" be disposed of for £(50 a year, if due attention had been paid to His Majesty's 
" interests, and such a lease must be considered as undul}- obtained and therefore 
" void. And this circumstance is the more surprising as I am well informed 
"that a rent of £1,500 a year might have been easily obtained and that 
"otters were in agitation amounting to £2,000 a year." cQ. 102, p. 256). 
The reports anJ correspondence on the subject are voluminous. On the 
side of Messrs. Monro & Bell, these gentlemen maintained, that there never 
had been a fairer suie, and argued, by implication at least, that although from cir- 
cumstances they had agreed to pay a rent of £850, yet that the I'educed rent of £G0 a 
year was the real vah •-, the notices of the sale having, as is shown by the report of 
the Committee of Council, been advertised not only in the Provincial but also in 
papers in Great Britain and the United State-^. Li discussing the subject, Messrs. 
Monro & Bell say: " It must be recoliecte<l that to embark in a Manufacture of 
" which one is wholly ignorant, to pay down under the conditions of sale to the old 
" Lessees the Sum of £400 besides the value of the ore drawn and ])reparod for the 
" Consumption of the ensuing year, the vast Sum to be immediately expended in 
" necessary repairs, &c., reciuire more enterprise and capital than is commonly to 
" be found in Canada, and We doubt much, if His .Majesty's Ministers were to wish 
" it and that his Courts of Justice could set aside the sale, under the indemnifications 
" which it is not denic<l we should be entitled to, that any individual or set of indi- 



* An error, the sale took place on the 1st October. 



......took 

rs. Monro 
lunds cur- 
'rovincial 
tionato to 

fair and 
epai'o the 
■ approba- 
■iecretary, 
I'iiutionat 
if Justice, 
£850, and 
President 
casioned a 
[ in short 

1 Majesty, 
(Q. 101-2, 

3 care that 

who suc- 
his prede- 
ith reirard 
, as Store- 
nmunicat- 
•e satisfac- 
orges. It 
which the 
suffered to 
i Majesty's 

therefore 
I informed 

and that 
, p. 256). 
On the 
ere never 
I from cir- 
nt of £G0 a 
report of 
)ut also in 
ct, Messrs. 
iifacturo of 

to tlio old 
red for the 
scpended in 
mmonly to 
jrc tu wish 
inilications 
set of indi- 



i 



\ 



REPORT OP THE ARCHIVIST. ' y 

" viduuls will be found in Canada capable of reimbursing to His Majesty that Indem- 
" nihcation, paying in the £4,000 besides the Cost of ore which by the Conditions 
^' ot the old Lease the new Lessees must pay upon getting into possession, of imme- 
diately laying out the large sum of Money necessary for the future Maintenance of 
" the Works, and who would at the same 'ime be willing to give even the appar- 
" ently small sum, as it is stated, of £60 per annum." 

The statement in Lord Castlereagh's letter that £1,500 or even £2,000 a year 
might have been obtained for the lease, instead of the £60 actually offered, Mr 
Dunn meets by a detailed account of the position and circumstances of the men who 
had been preparing to make such a proposition. By this statement it is made to 
appear that the prime mover in trying to get possession of the forges, did so " with 
no better views than those of a common swindler," and had secured the co-operation 
of men of no means, some of them respectable, but others of doubtful reputation- 
^' Most fortunately," says Mr. Dunn, " they disagreed among themselves before the 
" Sale of the Lease actually took place and their project fell to the ground." There 
were no other men of .capital in the Province, besides Monro & Boll, inclined to take 
up these works, and he could say from dear-bought experience, that the Batiscan 
Company was in no position to do so. 

The importance of the increase obtained by Sir Eobert Milnes, and on which 
ho relied as one means of reducing the amount necessarv to be drawn from the 
Imperial (iovernment, may bo estimated by the statement 'contained in his letter of 
the 1st November, 1800 (Note B, p. 14), which shows that the whole amount 
received at that date from the Territorial Eevonues of the Crown was only £1 500 
the total amount from all sources £13,199 19s. Id. and the expenditure £25'o0o' 
showing a deficiency of almost precisely £12.000. ' ' 



At Note B, is a dispatch by Sir Robert Milnes, describing the state of Lower 
Canada in 1800, which being printed in full need only be referred to. In the answer 
by the Duke of Portland, dated 6th January, 1801, (Q. 86-1, p. 3), llis Grace enumer- 
ates the causes of the popular influence in Lower Canada mentioned by Milnes, and 
expresses the belief that no remedy can be found for (ho insignificant influence, in 
ii political and social point of view, of the seigniors, except by the exertions, abilitiiss 
and ambitions of the individual seigniors to emerge from that condition aided by 
motives for exertion, and the holding out of all possible encouragement to those in 
whom suitable dispositions to take advantage of the possibilities thus afforded wore 
to be found. In this view, tlierefore, His (Irace was surprised that the establishment 
of the Canadian battalion in Lower Canada had met with no better success, its prin- 
cipal object having been to draw the Canadiiin gentlemen from their indolent and 
inactive habits and to attach them to the King's service. It was the intention, had 
any eagerness been shown to complete the first, to have formed a second and third 
of the same sort. Defects in the organisation of the militia are also pointed out and 
the remedies, but these appear to be sufficientlv indicated in the calendar ot the 
letter at Q. 86-1, p. 3. 

To add to the difficulties of the position in whioh Milnes was placed wa.s the 
opposition, according to his dispatch of the 26th of March, 1801, (Q.86-1, p. 142) of 
ChiefJusticeOsgoode, who is charged with having laid aside all decorum and of 
having made use of disrespectful Vavj/m; 



i.age towards the Lieutenant-Gov 



eriior in a 



VI 



CANADIAN ABCHIVES. 



largo private party and of having publicly violently opposed measures which ho 
knew had received his (Milnos') decided approbation. The causes of this conduct on 
the part of the Chief Justice are attributed to the refusal by Sir Kobert Milnes to 
dismiss Judge de Bonne from his seat on the Bench and to his disappointment at 
not being allowed to act as sole adviser and proposer of every government measure. 
Whoever was at fault, and the misunderstanding between the two highest officials 
continued till the retirement of Osgoode in 1802, the effect on the government of 
the Province could not be otherwise than prejudicial. The division of power between 
the civil and military authorities was regarded as of great disadvantage, and atten- 
tion was called frequently by residents and others to the benefit that would arise to 
the administration of affairs were the old policy reverted to of placing the military 
and civil government in the hands of a Commander-in-chief. In a letter, dated the 
28th July, 1806, signed " Mercator," which from a comparison of the handwriting I 
am inclined to attribute to Hon. John Young, a member of the Executive Council, 
this view is strongly urged on the attention of the Colonial Secretary-, various 
reasons being adduced, one of these the jealousy that must and, as a matter of fact, 
did exist between iho military and civil heads of the re>pective offices; the exact 
words of the letter respecting the other reasons it would appear proper to give in 
full. " The energy of the Government is not only weakened and rendered less 
" respectable by this unnecessary separation, but the Civil Governor is destitute of 
" the means of maintaining that Stile and Hospitality in which hit predecessors 
" lived, and which, in this country, is an essential requisite to attract and to secure 
" Eespect. 

" The Canadians, a military people and always accustomed to a military govern- 
" ment, hold not in sufficient estimation a person placed at the head of affairs, who 
" docs not at the same time command the troops, and a great relaxation has, of late 
" years, been permitted to take place amon^fst tiieni. Paying no taxes, except upon 
' articles of consumption, they are scarcely sensible of the weight of any government, 
" in the present circumstances of the colony." The disputes between the Administra- 
tor and the military authorities on the death of General Hunter afford ample proof 
of the statement that jealousies existed, and this is confirmed by a letter from Milnea 
Of 22nd July, 1807 (Q. 106-2, p. -425.) 

On the sailing of Milnes, on leave of absence, Thomas Dunn, as President of the 
Council, became Administratoi', but his government was not satisfactory to some, at 
least, of his fellow councillors. Chief Justice Allcock between whom and IVHlnes a 
good understanding did not appear to exist, following in this respect the steps of 
his immediate predecessor. Chief Justice Osgoode, criticised very severely the personal 
peculiarities of Mr. Dunn, and his want of the qualities necessary in the important 
situation he held (Q. 106-2, p. 386). Prescott, still the nominal Governor-in-chief and 
who during his active tenui'O of office was also commander of the Forces, sailed on 
the 29th of Julj', 179!), and was succeeded in his civil office by Sir Eohert Shore 
Milnes, and in his military capacity by General Hunter, who arrived a fevv days 
before Piescott sailed and on the 16th August reached York (Toronto) to assume the 
government of that Province. The divided duties of General Hunter led to difficul- 
ties in carrying on the administration of Upper Canada, and to a difference of 
opinion between him and Milnes in respect to payments from the military chest and 
to other subjects which partook of a partly political or civil and partly military char- 
acter. Hunter died on the 21st of August, 1805, the military command being 



REPORT OP THE ARCHIVIST. 



Vll 



asBumod temporaril}- by Lieutenant-Colonel Bowes and afterwards by Lieutenant- 
Colonel Isaac Block, between both of whom and Mr. President Dunn, there arose 
the same class of disputes as with General Hunter, respecting the expenditure of 
military funds for civil purposes. Actin<( apparently on the urgent representations 
made as to the evils arising from a divided command, the Colonial Secretary, Lord 
Caatlereagh, informed General Prescott on the 10th of August. 1807, that the cxi-sting 
state of atfairs rendered " it absolutely necessary that a different arrangement should 
" be made in respect to the government of the North American Provinces, " and 
intimating that the King intended to send out an otficer to succeed him (Prescott) 
vn the Government, How tenderly wore regarded the interests of Prescott, so far 
as the emoluments were concerned, in an office which so far as can bo seen he had 
hold as a sinecure for so many years, may be judged by the words announcing his 
supercession : " You will, I trust, feel in its true light the motives which at this 
" period have suggested this measure, and I lament that the imperious exigency of 
" circumstances should necessitate an arrangement which may interfere with your 
" arrangements." 

The critical condition of affairs in the two Provinces that rendered this necessary 
is treated of in another part of this report in discussing the apprehended hostilities 
arisingoutof the desire of the French to regain possession of Canada and of the 
demands of the United States for the renunciation of the right of search hitherto 
exercised by Great Britain. 

To judge by the current histories of Upper Canada, the knowledge of the 
domestic politics of that Province at the beginning of this century, appears to be 
very limited, only a kw vague generalities being given. It has, therefore, been 
thought desirable to publish at some length the correspondence during the admi- 
nistration of Pi'esident Grant and part of that of Lieutenant-Governor Gore. The 
leader of the opposition to government, appears to have been Mr. Justice Thorpe, 
who is referred to in laudatory terms in the histories of the P'rovince. Without 
expressing any opinion as to the correctness or otherwise of this appreciation of his 
conduct, a reference to the correspondence in note D, will show the tone of his 
letters. The position of .Mr. Thorpe as a hot political partisan and a judge of the 
highest court would not now bo tolerated. At any time, however legal it might be, 
in the sense of not being contrary to any statute, it must have been prejudicial in its 
effect of undermining respect for judicial decisions, as however imjwrtial the judge 
might be on the Bench, the public would regard his decisions as influenced, if not 
dictated, by his political tendencies. His attack on General Hunter, as having 
nearly ruined the Province by his rapaciousness and that he and his Scotch tools 
were execrated ; that there were no roads, no post, no religion, no morals, no educa- 
tion, no trade, no agriculture, no industry attended to, was a prelude to his attacks 
on succeeding administrations, and in a postscript to the letter in which these words 
occur (note D, p. 30) he boasts thit he had taken the reins of the Legislature, 
"though like Phaeton I (seizod then; p '.cipitately, I shall not burn mysf If and hope 
" to save others." Jn letter No. 8, of the same note D, p. 40, he repeats the charge, 
this time including President Grant, who had been selected for the office on the 
death of Hunter, although not without opposition from Mr. PeLor Russell, who main- 
tained that he was entitled to the position and in this claim was supported by Mr. 
Thorpe. 



Vlll 



CANADIAN ARCHIVES. 



In 1802, Mr. Thorpe was appointed to bo one of the judgCH in Prince Edward 
Ishuid, to jsuceod Mr. /ustice Cochrane, appointed ii puisnd judge in Upper Canada. 
He had not arrived on the ishmd in January, 1803, when Mv, Cochrane wrote, and 
ptobably arrived it spring. He did not remain there long, and liis removal isoomed 
to he r-'itually natisfactory, to the islanders as well us to himself. Of the population 
ho speaks in no favourable terms, owing, not improbably to their not paj'ing suffi- 
cient deference to his pretensions, as may be gathered from the following passage in 
a letter to Mr. Cooke, the Under Secretary, dated at York, Ist October, 1805: — 

"I never can be sutficiently thankful for your sending me from Prince Edward 
Island, the worst people in the world are there. I fear you will have more trouble 
than the Island can over recompense you for. I wished to draw a bill to settle the 
boundaries of the townshi]is, but it was impossible to please the various interests, 
and in truth they weie such a set of miscreants, that what would be a satisfaction 
to others, would be calamity to them, and, determined to do no more, I blesKcd you 
for sending me away and doparted." 

At the date of the letter quoted, he could only have reached Upper Canada, for 
ho had written to Mr. Cooke, on the 15th of the previous June from Newfoundland, 
applying for a seat on the Bench in Upper Canada, as successor to Allcock or 
Elmsle}', but short as was the timo that had elapsed since his arrival, he had no 
doubts or hesitation in giving his views on the state of affairs in the Province. 
"There is," he says, " no governor, no general, no bishop, no chief justice, the 
"Council have made a President," [GrantJ, but from a kind of cabal amongst them, 
.*' they have appointed a man that does not appear to be the eldest member and who 
" seems quite inefficient," How he regarded Lieutenant-Governor Gore may be 
seen from the correspondence in note D. In consequence of the determined oppo- 
sition shown by Mr. Justice Thoipe, "jieutenant-Go'.ernor Gore believed it to be his 
duty to suspend him from his judicial functions, a seep ajiproved by LordCastlereagh, 
who however, desired Gore to intimate to Mr. Thorpe that His Lordship hoped to 
be enabled to recommend him to some other professional situation, " under an 
" assurance that he will confine himself to the duty of his profession." 

Previous to the confirmation of his suspension, a report had reached Quebec that 
he was to be transferred to the King's Bench there, on which Chief Justice Allcock 
thought it his duty to give his opinion to Lor'd Castlereagh. As the opinion of a 
brother judge, the passage relating to Mr. Thorpe is given in full. The Chief Justice 
says: 

'' A report prevails here (from what authority I have not the least knowledge) 
that Mr. Justice Thorpe is to be removed from U])per Canada to a seat in the King's 
Bench here. Although I did not much credit that report, I think it necessary 1 should 
inform Your Lordship, that 1 fear such an a])pointment would have the worst pos- 
sible effect in this place. 1 have sufficient knowledge of Mr. Thorpe's conduct in 
the Upper Province to enable me to say that but for Lieutenant-Governor Gore's 
wise and decided measures, His Majesty's Government there would have had diffi- 
culties before this time to encounter of a most unpleasant nature, the whole of which 
I impute to Mr, Thorpe, If he was to come here and disseminate the same prin- 
ciples he has there, he would soon raise a faction that would annoy and distress the 
King's Government excessively." 

The correspondence and extracts will furnish evidence of the state of politics in 
Upper Canada at that date and afford an oppoi'tunity to form a dispassionate opinion 
of the conduct of the Lieutenant-Governor on the one side and of Mr. Thorpe and 
his leading associates on the other. For the suspension of Mr, Thorpe was not the 



REPORT OF THE AROHIVIST. jj 

only active stop taken to put a stop to the opposition. Other officials were also sus- 
pen.icl Mr. Wilicocks, the Sheriff, for se.litious utterances, Mr. Wyatt, the Surveyor- 
general, on other char-os, althuu-h it seems not unreasonable to suppose that the 
real ground for his .uspension, practically dismissal, was his adherence to Thorpe 
and the othei-s. It may be stated with respect to Wyatt, that being aware his name 
was Gharles 1 ork.n, I had doubts as to the correctness of his signature C. B. as given 
in the transcripts, believing at Hrst that this was an incorrect copy. But a compari- 
son ot a hiree number of his signatures shews that ho always signed in this way 
copies mad. at the time of correspondence from his office and letters addressee' to 
h.m bear the same initials. Wyatt ron.onstrated in vain against his removal, but 
w thouteffect, and .n 181H, after Gore's return, hosue,l the ex-Lioutenaut-aovernorfor 
l.bel. The report bears that Charles Perkin Wyatt sued Francis (xore for the publi- 
cation of a false and malicious libel and for having suspended him from his otfice as 
burveyor-Goneral of the Crown Lands in Cpper Canada, so that no doubt can exist 
ot the Identity of the plaintiff with the person who signs C. B. Wyatt (See Annual 
Register volume Iviii, p. 29-1 of Chronicle.) By the report of the proceedings it wi'll 
be seen ihat^ he obtained damages to the amount of £300, not for acts of Cxore as 
Lieutenant-Cxovernor of Upper Canada, but for a libe! ..«ntaincd in a pamphlet 
published ,n London. Willcocks, the .iismissed sheriff, joined the invading threes 
from the Umu-d States in the war of 1812, and made use of his local knowledge to 
assist the enemy; .lohn Mills Jackson wrote a volume, inveighing against the 
Government ot Upper Canada, which was immediately answered by a pamphlet 
written in equally severe terms, signed " An American Loyalist." Both of these are 
among the Archives, the original among the printed books, under the title " .lackson " 
in the catalogue, the answer among the pamphlets with the same title as a cross 
reference. 

The right of the Governor of Upper Canada to expend the revenues of the 
province without a previous legislative appropriation was firmly opposed by the 
Assembly An address on the subject may be referred to in note D, p. 33 of this 
repon. In the letter transmitting this address (Note D, p. 32), Mr. President 
Grant, acknowleges the justice of the demand made by the Assembly, although 
he thought the language intemperate, the fault, as he considere.l it, not arising 
from hostility to the acts of Government, but from a want of knowledge of the 
proper manner of calling attention to the subject. A schedule of the money " mis- 
applied was attached to the address, but it would seem from what followed that 
he cxpendmire was not so much a misapplication as a breach of the privileges of 
the House. The address asked that this sum (£G17.13.7) should not only be 
replaced in the Provincial Treasury, but that the President should direct that no 
money should be issued from it in future " without the assent of Parliament, or a 
vote of the Commons House of Assembly." This course, it is evident, was thought 
by_ I resident Grant to be only reasonable and that the sums mentioned in the sche- 
dule should be withdrawn as charges against the taxes and duties imposed by Pro- 
vincial authoritj^ believing that the Legislature would itself appropriate the neces- 
sary amount. (The text of the letter is in Note D, pp. 32-33). To tlie ad.lress a 
conciliatory answer was returned (p. 35, the proposed answer atp. 37). Apparently 
l.echarge of inefficiency brought by Mr. Justice Thorpe against Grant as adminis- 
trator was justihed, as it is fully corroborated by Lieutenant-Governor Gore in his 
despatch to Mr. Windham, at the close of the first session of the Legislature after he 



X CANADIAN ABCHIVE&. 

had taken ofHco. Ijieutcnant-Govornor Goro says in his official report : — " After 
" the violent und turbulent conduct of the House of Assembly, durinj^ the adminis- 
" tiation of Mr. President Grant, it atfords mo the highest satisfaction to inform you, 
"that the session has passed over without any attempt of the House of Assembly to 
" interfere with the measures, or to embarrass the Executive Governmenl." This was 
no doubt duo, in part at least, to the judicious conduct of Goro in replacing, though 
still without instructions on the subject, the sum applied tc ..iiblic purposes by the 
late (fonoral Hunter, without the concurrence of the other brunches of the Legis- 
lature. The Jlouse was satisfied and by resolution withdrew its claim to that sum, 
but established the right to grant or refuse supplies, thus asserting and maintaining 
the great constitutional safeguard against the encroachments of the Crown on tho 
rights of the people, (rore adds that the resolution passed without dissent, except 
from Mr, Justice Thorpe, " who has uniformly opposed every measure that could 
" promote the peace, or strengthen the hands of this Government." How long an able 
alministrator could have prevented tho assertion of such a princi])le, it is difficult to 
conjecture, nor is it now of much practical importance. The power of the purse in 
Englan.d as an attribute of Parliament was recognized at a very early period. In the 
time of Edward III. (1H40-5), it was only maintained after a protracted struggle ; the 
appropriation of supplies was gained in the time of Eichard II., but the great struggle 
which settled the question for all time, began in the reign of James I. and continued 
in that of Charles I., that Parliament had tho power to refuse supply until grievances 
were redressed and that the granting of that supply included also the supervision of 
the expenditure, so that whether tho similar claim set up by the Legislature of 
Upper Canada had come sooner or later, it was inevitable that it should become a 
fixed principle of representative Government, there as elsewhere. 



Jn regard to the settling of huuls in Lower Canada, the Colonial Secretary had 
called for a report on the subject of an allowance to tho Executive Councillors in 
addition to their salaries, as a remuneration for the time occupied and the labour 
involved in deciding on the applications. In answer Milnes reported on the 14th 
August, 1800, that the decision on petitions, " the most laborious and difficult part 
of the land business" had been concluded. Those who had the larger part of 
the labour were the Chief Justice, the Lord Bishop, Mr. Finlay, Mr. Young, Mr. 
Baby and Mr. Dunn. Mr. McGill had come to Quebec from Montreal for a 
month. He recommended that the six Councillors mentioned (excluding Mr, McGill 
whose loss of time and the expense he incurred in coming to Quebec must have been 
considerable, apart from the neglect of his important private business) should be 
granted a whole township with the usual conditions as to associates, &c., or half a 
township (exclusive of Crown and Clergy Eeserves) without conditions, except the 
payment for survey and of the old fees. He recommended, however, that these 
half townships should not be granted out of the remainders of townships already 
granted for reasons given in a subsequent letter (Q. 85, p, 1G6), In this subsequent 
letter, dated the 4th of November, 1800, he attaches great importance to obtaining 
the highest price possible for the lands first bold, and adds: "As the remaining 
" Parts of those townships are of far the createst v: iue both on account of their 
" having been actually surveyed and subdivided, and of the settlements made in their 
"vicinity, the competition for them cannot fail of pi-ovir.g very advantageous to 
" Governm ent and will probably influence very essentially the value of Lands through- 



KEPOllT OP THE ARCHIVIST. 



Xi 



out the Province." (Q. 8.^ p. 248.) He then refers to the proposal to fund th., 
procceclH of the Hales of these lands for the benefit of the Province and exn, e !s ht 
an.x.oty for instructions to carry th.s proposal into effect. In a Ltt ZfT 

tfie ^aluo of the townships sohl. pointing out how, in his opinion, this could be best 

i :«::;'; ';::v"': "'? "^ ^^'-^^'^^^'^ °^ ^" ^"^" "'^- "•-"• ^^ -itted to ': 

tha no Ll r iT "" """Tl "' '^' ^'■"''""'"' -M)enditure, further directing 
that no patent should issue untd the whole of the purchase money had been paid 

^a ^::T.;^T" T 'r ^^t'-^"' ^-"'--t-Govemoi^ir ad^i:- 1:::;:^ 

cle v^t^^^^^^^^ ivxocutn-o Council for the time being, should be constituted 

See n ;^- 1 : ';|"^^V"V-7-'« "f the one to be used for the purpo.es of the 
the A of m f!'. '. " P"'P"''^ '" accordance with the provisions of 

th.w . ' ." "^"""^"""'•^ ^^»'l support of a Protestant Clergy, an<l must 

a dec, on on the amount of the grant to be made to each of the Councillors en<2ed 
in the lan( granting denartmcnt ^li- R,.ho..f \r-i • '-^ ""i-moi. t-ngagea 

mate ofthn V..I . f ''^P'''t'"^"t. '"^'i iiobert Mdnes was instructed to send an esti- 
mate of the value of each township. On the 24th of February, 1801, he accordingly 

1 ; : dt- eTc V '':l"t ' '"'"^""^' ''''' ^ ^--hipof- ten miles squar:w' ^ 

Tee worth . T "" 'Vr ""' "^""''''^ '■^"'"■^«' ^« ^'""'^i" "^out 44,000 
acres, worth on the average, for those whose outline only had been run Hfteen p^nce 

i nlTtt: T' ''' ''"' "^"" '' ^^'•^'' '^^'"^^'"^' ''^ -«' «^-'-y a"""u vi- 
Tpted t .v^::' tr""T7'"' ""Jer £2,500. Ho further explained the method 
unde h n ^egula ions for granting lands to leaders and associates, by an 

potest of^?^^^^^^^^^^^ '•" ^';'.""P'' '""'^^■' ^>' ^^'^"'^^ '- -- "'^'« to Lc^ome 

ntenZ , h . ^ *'''"''''P' "^" "^'"■'>' ^^'^^^ ''''^'' '"^^ead of the 1,200 

Coun i lo t : ^'•'?- ^' '" '''^"^'^^ '^ ^" "^^ '^^•"- the dignity of an Exocu ive 

Coun llor o enter into an underhand agreement, he recommended that whatever 

g.antcd to each to be in accordance with his attendance. In June the Colonial 
Secretary informed Milnes that the King had decided to grant to ea;. of the ix 

without as ocates yielding, after the .leduction of expenses, about £600, leaving to 
h.m the determination as to what would be a fair allowance for the othe.'s. 

The policy of extinguishing the feu.lal tenure of lands was advocated by Milnes 

ftth 'T . u "^ 'r '"^"^ "PP'""'"- T^^^ '^'•'^»™^>« to the Act sets 

o th That the collection of the Ms et ventes, now due in Hie Majesty's Domain 

" mu 1 :it:r ' /;'. ""•'"• ""^'" --''-^-'tions, is just and expedient, but with! 
the hi o m" Th 'V'V^ '" ""•""" ""■^^^•" The text of Ihe Act being in 
the thud volume of the Statutes, 41 George III., chap. 3, it is unnecess- rv to do 
more than rofe,^ to it here, the effect of it, apart from theleliW of thoseTu t • u-, being 
that to which Mines attached importance. •' It is a measure," he says " in every 

towards the abolishing m this Pr&vinco the Feudal Tenure." The advanta..^ 
arising from this abo ition are elaborated in a report from the Attorney-Ge " 1o 
which reference should be made. (Q. 8P 1. p. 175.) Before the bill passei the 
Legislative Council, Chief Justice Osgood he Speaker, protested again tidop 



Xll 



CANADIAN ARCHIVES. 



*ion, liiH reasons boing piven tiiKlcr Hvo hoiidH, tlio IuhI of which only iiood bo quoted 
here, the whole beiiii,' in \'oiiinio Q. 8(5 1, p. 172, among tiio archives. In this 
article the Chief Justice iuyn it down as a reuHon lor the rejection of the bill: " Bo- 
" cause it is an established rule as well of decency as ot policy, that every net of 
" grace or remission emanating from the clemency or bounty of the Crown, should 
" originate trom the Crown, But by the present Hill, which from its title purport^ 
" to be a Bill of relief, tiio Crown debtors will naturally transfer their gratituile from 
" the Sovereign to whom it is due to those wiio have spontaneously brought forward 
" the measure, namely, the re])resentatives." For the protest, answer, |)rococding8 
in the Asseml)ly and Council, iVc, see ^olunij Q. 8(5-1, pp. 157 to 175, T,)7, l'.'!). 

There appears to have been a considerable amount of friction between the Chief 
Justice and the Lieutenant-Governor, the latter being supported by all the Execu- 
tive Councillors as against Osgoodo. An address by the Assembly to have a pujiier 
Werner or land roll ])rej)ared of the immoveable property held en roture within the 
Censive of His Majesty's Domain, was presented to the Lieutenant-Governor, who 
approved of the ])reparation and refei'rod to the law ollicers the question of the 
method to bo adopted to carry out the object. Their report was refoi'red to a Com- 
mittee of the whole Council, which agreed on a I'eport, signed by Osgoode, as Chair- 
man. But appended to the report was a protest by Osgoode in these terms: "VViiere- 
" as by the Documents communicated to the Committee it appears that tho confec- 
*' tion of the Papier Terrier and Censier is to be directed in conse<iuence of an ad- 
" dress to His Fixcellency the Lieutenant-Governor from the House of Assembly, 
" and as a concurrence in such consequential direction may bo inferi'od from the 
" above lleport, I do protest against such Inference. For His Majesty not having 
" divested iiimsell'of tho management of his territorial Revenue, and as the said Ad- 
" dress neither states authority nor inducement for their interference, inmyjudg- 
" ment, such interference was irregular and therefore not calculated to moot with 
" the sanction it has received." The report was laid before tho Council, which re- 
ferred it to the Committee to report on tho protest added by Osgoode. The report 
of the Committee, after the formal introduction thai the reference had been received 
and considered, concludes : " The Committee humbly but decidedly offer it as their 
" opinion that the said writing in its form and substance as well as in the mode of its 
" introduction is irregular and improper, that it isirrevelant (irrelevant) to the imme- 
" diate objects which had boon referred for their Report, that in so far as it condemns 
" a measure which had been previously determined upon by His Majesty's Govern- 
" ment it fails indecorum and Respect and that it ought not :o bo received or admitted 
" to be entered or tiled with the Minutes of His Majesty's Executive Council, they, 
" thoroforo humbly recommend that the said writing be expunged from tho foot of 
" the said Report." (For the documents referred to, see (J. 86-1, pp. 205 to 217, and 
Q, 8(i-2, pp. 219 to 227.) Incidentally the question arose as to tho practice of 
allowing protests to be entered in the Minutes of the Executive Council, Osgoode 
holding that the practice of tlie House of Lords should be followed. The matter 
was I'eferred to the decision of tho Colonial Secretary, who in his letter of tho 13th 
July, approved of the course of tho Assembly, as justified by Lord Dorchester's mes- 
sage of April, 17!U, extenuated Osgoode's conduct, as proceeding from laudable mo- 
tives, considers the measure as declaratory of the rights of the Crown and at tho 
same time rendering their exercise less burdensome to the subject. The rule as to 
entering protests on tho Minutes of tlio Executive Council being one of permanent 



REPORT OP THE AKCIHVrST. 



xiii 



Jiitoiost, it mny bo well to givo tho (locision, which, bosidos, is in vory fbvv words 
ri.o D.iko of Portland, then Colonial Soerotary, suyH : "ItuppoarH to mo that no 
^^ f'ottor R„l(, can bo laid down than that by which HIh \[aJ0Hty'H Privy Council horo 
^^ H Kuidcd in Himilar ca«oH. Aitlio' tho most unroHorvod Li()orty orSpeoch i. allowod 
^^ to all tho MoniborH of that H-mrd it; tho «amo mannor uh it in granted to tho Kxe- 
cuitivo Councillors of Lower Canada by IIi« Majesty's Inntnictions, I have reason 
^^ o believe that not a Hinglo Instance of a Protest is to bo found on the Minutes of 
^ the I nvy Council and occasions most certainly have not unfroquontly occurred 
^^ (and indeed must of necessity often occur) where the sentiments of tho Members 
^^ present diametrically dirtbr from each other. Having thus stated to you what 
^^ appears to have been the invariable Practice here in cases similar to that in which 
^^ Mr. Osg„„do's Protest was entered, I think it unnecessary to enter into any dis- 
eussion on the Question of a Right which has never boon attempted to bo exercised 
..or has over been laid claim t..." (Q. 87-1, p. 2.) A controversy had still been 
earned on by Osgoode, as shewn in a letter from Milnos of the 12th of June not re- 
ceived by tho Colonial Secretary until the IJOth of July. It is unnecessary, however 
do more than to refer to that letter with its enclosures to be found in Q 87-1 pn' 
lOi. to IKI, ,n which the whole question of tho entering of protests on the Minutes 
ot tho hxecutive Council is discussed. 

I" 'iW'Ofdanco with tho views of the Colonial Secretary, as expressed in his 

etter. No. 11 of January, 1801, on tho policy of enhancing tho value of residues of 

the •"wnsh.ps that had boon partly disposed of, Milnos reported on the 24th of 

June, IbOL, (No. 2;!), that ho had submitted the subject to Council, that it was 

proposed U.otler, in the first intance, upwards of 82,000 acres at the minimum price 

tTnJ] T "'•'''"""" ''" "'''■"' y'^''^'"- ''' ^^"t moderate price upwards of 

A,. 000 or I rov.ncial purposes, the quantity oflered hearing <i very small proportion 
to the otui amount, tilthough, it was remarked, lamls already surveyed and .ub- 
d.v.ded were much more valuable than others. The Ic tor and proceclings of 
Council are in Q. 8!., pp. 79, 81. The motive of otlbring this quantity of laiul is 
stated in the introduction to the report to bo with a view of stamping a value on 

Mil' tr;i.n''''T'-*''V'' '"""'"• '^^^'' '1"""''^^' '"«"^^«"^^ '" '^^ '^"tor from 
M.lnts ,s h2,000 and .n the resolutions of the Committee of Council, 80,000 acres 

Ihere are two c auses in the report to which attention may bo drawn as they gave 
occasion to much complaint. These are : 

« u ^■.!^^^:]^' ^^^ purchaser should, previous to the passing of tho mtont t-iko nn.l 
subscribe tho oaths and declaration required by thelioyarinstmcSons ' 

" col';.'i,w^tl!.|ri?; "'r'r '•"'^ ^' ''\ ^' •?•'" 'T '■^' '" *'^« P'^^^"*- ^^''«^*«by the patentee 
to ciMits that h.s Heirs, inheriting the lumls so purchased, shall also take and 
subscribe tho said oaths and Declaration, then thel-eunto roquire.l." 

Attention had already been called to the inconvenience that would arise to 
natura born subjects by the enforcement of these rules, in event of their absence or 
the distance of their residence from the place at which tho oaths were to be admin- 
istered, Milnes having pointed this out in a letter (No. 57) to the Dnke of p,.... land 
dated lUii August, 1801, in which he asked that the Governor and Council might be' 
authorised to .hsponse with the taking of the oaths in certain circumstances The 
request was repeated in October, 1802. (Q. 89, p. 172.) So far as tho correspon- 
dence shows, no answer was made to those representations. 



xiv 



CANAniAN AROIIIVICS. 



The establishment of two HystotnH of law, the French iintl Iho Knglish, in the 
determination of certain ciaHsoH of quoHtioriH led to douhtw as to which was 
applicttbio to casoM arisinj^ out of (liHpntoH concerning lands held infroo and common 
Hoccage, the question being whether tlioso wore i^ovorned in respect to descent and 
dower, by the laws of Kngland, or by those of Canada. The question was submitted 
on the Ist of July, 1803 (No. 60) by Milnesto the Colonial Socrotnry (Q. !»2, p. ]5!1), 
at the samo time transmitting the various and contradictory opiiuons ot the Judges. 
Chief Justice Scwdl and Justices Dunn, Williams, Ogdon and Davidson hcldthattho 
laws of Kngland should govern ; Chief Justice Monkand Justice Panctand De Honno 
took the op])()8ito view, each of those opinions being supported by elaborate 
arguments, which follow the covering lettei- from Milnes. On the 9th of January, 
1801, the Colonial Secretary transmitted the report of the Attorney and Solicitor 
General for his guidance, (Q. !';•{, )). 58), which laid it down " that the Knglishllaw of 
" descent and dower must roguhito a soccago tenure in Canada." (Q. 1)3, p. 1!)4.) 
Much of the correspondence in regard to lands is taken up with disputes as to the 
division of the fees, but on this topic it is unnecessury to enlarge, the calendar will 
enable any one desirous to prosecute a search on this subject to obtain easy access 
to all the documents relating to it. 

With respect to the Jesuit Estates the grant to Lord Amherst had not been 
completed. It was impossible to do so without creating ill feeling in all classes of 
the community who held that these estates had been granted exclusively for the 
purposes of education. lieference on this point may be made to the correspondence 
calendared in previous reports. One of the most important of the documents thus 
referred to, is a petition, dated 19th November, 1787, a translation of which was 
transmitted ijy Lord Dorchester in his dispatch (No. 50) to Lord Sydney, dated 
the 9th of Jaimary, 1789. (Q. 35, p. 62.) In the calendar in the rejnirt for 1890 a 
short summaiy is given of the petition, which states in omi)hatic terms, the claims 
believed to be possessed by the population of Canada to the Jesuit Estates. In the 
memorial signed by 195 persons transmitting the mimoire for the inhabitants it is 
stated that the document transmitted called in the translation "Case", also signed 
by 195 persons, "establishes the right of his Majesty's faithful subjects of Canada to 
" bo educated in this College, and at the same time defines those of the iioverend 
"Fathers, the Jesuits, who under the antient Government wore only Professors or 
" succesoive administrators thereof." The "Case" elaborates these two points in 
three articles, the titles of wiiicb are given in the Calendar of State Papers, t^. ;!5. 
(See report for 1890, p. 204 of calendar.) The statement and citations in the iiraf 
article cover twenty-three closely written pages of foolscap in the original iranela- 
tion, the conclusion being in these words: " As Canadians and citizens they have a 
" Right therein by their Titles and the Laws; the College of Quebec having been 
"founded for their education, it is their Patrimony which they have cleared and Cul- 
" tivated ; even as subjects they have a Eight to a public education, which exists in 
" every Government. It is -.vit' f\th and justice they declare that neither the Jesuits 
" noi- their creditors have an • j:'rht to di-.^ose or confiscate the College and its depen- 
"danciesto the prejudice of H.-.- M.ijcsty's faithful subjects, the Canadians." The 
seeorid article treating uf tir; catJoOs that have deprived the Canadians of their edu- 
cation in the College since the Conquest, need not be enlarged on here. On the third 
article, the moans to restore education in the College to Canadians, the statement is 
repeated several times that the Jesuits were only professors or managers of public 



llErOKT OV THE AROUIVIHT. 



XT 



ed.flcoof the ..lloKo for oducntK.n l.olon-red to tl.o JeM,it«, who wore no more than 

ontoud into tho ^ono.ouH mn.lH of the citizm.H, of a hun.lrod aHHOoiates, o of any 
>no who had oundod tho Collo^o for Education, that thoy ^ave tho prone ty t oS 
;;.eoly Had fully to tho Josuits. who acco,.di„K to ,hoir L'^.itutions'oouldlt l.av 

It in any othor mannor than as .lopondant upon tho Gonoral of tho Society of all tho 
Bl ohTIJ r,'1''"f ^"« U--7-" The potitiono.. then demand that tho t p 

•' for t : nu n" T'T; '"^"'« "" '^"^«"""' i"t«'-««t therein. hoa.U of (amilieH. 
tor the purpoHo of oloctu.K a proper numhor to represent thorn an Director, or 

t, o u,|„,.„., t,.,, ,,„^ „,, ^,,,^ ,^^,_,,^^^,^ Foundation hy Hoiicitin^^ tho approbation 

ana u^M late the reooniponao due to their talentH and attentionH." CopioH of the 
o .,.nal F.o„eh petition and cane (mS.oire) are in volume Q. 84 boKinnil.; at pig 
«7 In h.3 a petition wan andronsod to the House of Annombly by the inhabitants 

Quebec of 17^7 a th..u.,h in a loss elaborate form, and thi. boingapproved of by h^ 
AHHomblv a petition wa. forwarded by that bo,ly to the Kin^^ pJyL that .m he 

ot joufh in the Province, a i.nrposo it alleged apnarontly congenial to tho ori<rinal 
ntontion of the donors. Other documoMts will be found acctmpanying 1- t " 
f om M.lne. o the 3Ut January 170!. (No. l.i) in Q. 84, p. 41 ; a lis of\l se Lin 
the calendar of that volume in the report on Archives fm' 189 , State Pan rT Lowe 
Canada p..gos 104 105. With tho views heM by the inhabitant o at le t e Ze^ 
owns oi Quoboc, Threo K.vors and Montreal, as shown by petitions, and the no 
Zu'l the rural population also, the unpopularity of id proposed grant t IZ 
Amherst ,s easily understood. In the report of the Committee of tl.o Executive 
Council, a postponement of tho issue of tho grant is rocommeiulod until all thodocu 
nonts rela Ung to tho properties are laid before tho King, but a further rein for 
the suggested postponement is to bo foun.i in the letter from Sir Robert Milno 
accompanying this report an.l the othor documents. In it he says tla o d d S 

^w u v.. ! f ^ T individually acquainted mo with their opinion that it 
uould be a most unpopular measure, and I feel that I should bo wanting in my 
dut,. wore now to omit statin, to Your Grace my apprehensions that wlie over 

" u fh':'; !■: • :T' '""' " "'" '^"'^^'"" ^^'■>' «^'"^'-'^' ^'--^tisfaction throuir 

" o • itft!/ o ' the consequences of which may bo greatly extoiulod by tho t.trn 

t„ ; \r Trf (<^- ^^' P- ^^ no then proposes, seeing ho magni- 

tude of the estates, to di. .do them, giving such share as commissioners might decide 
to b sufficient to procure" tho benefit intended for Lord Amherst, wlileh wo Id 

nlm ita.'i't"' V '^ \ ''"""'' ''' »"^'"^ "■^^«' ^^ "'' '^ ^^'^^^ ^^o' minds of he 
inhabitants. A personal investigation, however, into the value of tho estates 

made in the course of a tour during the months of .lanuary and tbrlry o 8oT 

ed h.m to withdraw this proposal, astho whole of the estates did not produce such 

an amount as could be divided with advantage. As a consequence in [ letter dated 



Xvi CANADIAN ARCniVES. 

the nth of April, of tho same year, he suggests another method of carrying out the 
King's intentions with respect to Lord Amherst, but is even more emphatic in his 
recommendation to have the means of education increased, not only for young men 
preparing for the liberal i)rofeHsions, but also for the whole population. Tho death 
of tho last surviving Jesuit, father Cazot, removed, in tho opinion of the Lieutenant- 
Gorernor, one of the arguments of tho House of Assembly, from which ho expected 
no furthc'r opposition to the grant for Lonl Amherst, however unpopular that 
measure might be. JIo also urges tho postponement of the issue of the patent, until 
a more certain account of the value of tho lands can bo transmitted. " I feel myself 
" called upon," he says, " to report to Your Grace, that tho absolute want of the 
" means of a liberal "education is so severely felt that it will at all events be very 
" grating to tho Canadians to see so large a property converted to other purposes 
" and that it would considerably lessen their dissatisfaction could any measures 
" with respect to the establishment of a college beat tho same time held out to them." 
(Q. 84, p. 2-0.) 

In a letter from the Anglican Bishop of Quebec, dated 19th October, 1799. 
(Q. 84, p. 183), His Lordship calls attention to the disadvantage under which tho 
Province has long laboured from the want of schools not only Grammar schools for 
young men intended for the learned professions, or who from their rank may here- 
after "till situations of great political importance, but for a not less important branch 
of the community. " It is well known," he says, " that the lower orders of the people 
" in this Province are, for the most part, deplorably ignorant : that the very slender 
" ])ortion of instruction which their children obtain is almost entirely confined, 
" amongst those who do not live in the towns, to the girls alone ; and more especially 
" it is notorious that they have hitjierto made no progress towards the attainment 
" of tho language of the country under whose government they have the happiness 
" to live." The injurious lino of demarcation thus drawn between the two sections 
of the community is pointed out, dividing as it did into two separate peop' hoso 
who should naturally form but oil'-, and he proposes a remedy, thai a certain . . .n,c . 
of able English teachers should be paid by (Jovornment and placed in each city, town 
and considerable village, with the obligation of teaching Bnglish gratis. This com- 
munication was referred to ihe Executive Council and on the 22nd was reported on 
by a committee, the report approved of and ordered to be entered on the minutes. 
The committee's report is very short, so that it may be given in full. It is in these 
words: " The Committee having taken into consideration the paper referred, and 
being duly apprised of its important tendency to promote the welfare of tho 
Province, do most seriously recommend that the plan suggested may bo agreed to." 
In forwarding the documents on this subject. Sir Robert suggested that a grant of 
lands should be made for the establishment of Grammar Schools and of a (.'olloge at 
Quebec. This, ho believed, would not only add to the popularity of His Majesty'H 
(Jovernment, but would also be highly beneficial in a jiolitical and moral light, and 
especially as a means of encouraging [the use of] the English language throughout 
the Province. In July, the Colonial Secretary stated in a dispatch to Milnes, that 
the proposals of the Bishop recomnuMided by the CouncU were approved of and ho 
he was authorized to grant the necessary sums from ihe Provincial funds for 
payment of the teachers' salaries for free schools to be established throughout tho 
Province, especially for teaching tho English language, the number to be thus 
taught not to be limited but general. In addition schools of a higher grade wore to 



REPORT 01.' THE ARCHIVIST, jjv'" 

be estublUhea on the mode of the English Public Schools, ani so soon as it became 
xpechont, other and more enlarged institutions should L founded Th effeTof 
heso proposals, which the Lieutenant-Governor had officially made pubit h!d he 
app.es result according to Sir Robert's dispatch of the 23rd'of Febrrrry isoi and 
oug the grant to Lord Amherst would always be an unpopularact.yft'th s t^sa 
peculiarly favourable moment for carrying it out the ordm- L- ih. \ WT 
. co.po.nt nnm^ber Of freeschools, ie/havinV hartt' ^Sc 'oVs^t ^tliral 
orence to the Jo.ut estates. A bill was in course of preparation in the Wblv 
for erecting school-hou.ses in the different parishes which ifnn. / '"^ ^"''''y 
.oinan Catholic clergy would probably be alptTd!' TL'^^'Z^'Z Jq 

of the manner ot appropriating lands for education and theextent of the3H 
In transmitting the report he remarked on the very extensive sc-do wl li .i^ ;. 
..lttoep..pd^rthe necess.ry._vations, buti:i:::X^^^^ 
was asked from the parent state, and that in proportion as tho wn«f! . !. 
...Hlered productive, an essential benefit mustLirjoI ll nT tr XZ: 
^ r these reasons the plan would be recommended for Kis Uaio^ty^l^^^J^ 
The report, which accompanied this letter, considered tho requl.erenTs o th'- 
Classes of schools. 1. The parish schools to teach reading writin! a^id tt . 
of accounts. 2. Grammar schools, where pupils of the mill ll the keeping 

■speak and write their mother tongue with cHt caVm is on , f' ""'^ ''"'" '' 
^owlod^ .• foreign languages, Hving ^^^T^^:;:;i::t^::^Z^: 
areer. 3. A superior seminary or university, where yoifths of a hig er "nk m v' 
m.eive an education to fit them for the important and dignified stationV to twi 
the.r situation in society authorized them to aspire. The first was alreidv ^ 

for with regard to the -cond, the Committee could no t^tta I; '^^^^^^^^^^^ 
such schools would answer the purpose namelv on. ..t , '^^^ 

one at Quebec, one at Three RivcL, frat lS,;:rolTtl.e "T ^"^'^^' 

-I ^^uoi Bay, and three more to ^. afterwa': di ^i^^^^ ^^ IV ( uZ "^ ^1 
^ ont-real should be erected immediately, as the Province did not fib ,h' ""'^ 
of giving even the rudiments of a liberal education excent t Lo I "'"''"' 

pHvaie schools limited in plan and uncertain ;.:d::;itr'A'2t roM- 'T 
thereiore, to engage a private tutor, which few could aftbrd, or e , i f < ' 

Europe an.ong strangers at the most momentous period of life 'r'!,h ? 

resort to the desperate ex,K,dient of sending iiim to the United Sm iuf^ ' 
learn to contemn the religion and hate the Government oh 1 "'"^ 

establish schools at Quebec and Montreal on the 1 ■ wt , ^ ll^'w "^ 

and Eton, the Comuiittee recommended the granc of lan^t ' y 'k^^o'Torc^ 
ency for each of these two, a -waller sum might be sufficient for tlfe" other six" 
W ill. regard to a university, the Committee tiiou-rht it nremafnrn t > / 
plan, but recommended, tl.atan appropriation sho.^ i:e Z^TZ^:^'": T' 
miglu be adopied. (For report see Q. 92 beginning at page 210.) 

The labours of Mr. Joseph Bouchette. as Surveyor-General annear to , v,l 
n>t..ren,. to his services desirable. Tho duties J the offlcC'i:S;':^::X 
meat of the country were important, and for some years beforo ,V 'f " ''"'^- 
prc.ecessor, .Major Holland, the infirm state of the 1 ifte ' , tu , tn^U " 

the aetivo ..iseharge of the work for which he was responsib ^ t i 
an, H,n. death that any Official investigation was ^^..1^!: ^ Z^^^t 



XVllI 



CANADIAN ARCHIVES. 



office consideration for liis merit and past services preventing such an examination. 
When it was at last made, the committee of the Executive Council, to which it was 
entrusted, reported that the office was in an unsatisfactory condition, and that the 
bvstem adopted by Major Holland's assistant would, there was reason to apprehend, 
.rive rise to much litifration, and Sir Robert Milnes says, "it will require a person of 
much ability, as well as of great integrity, to establish such a system in the depart- 
ment for the future, as shall equally ensure the rights of the Crown and ot indivi- 
duals" Such a one was found in the person of Mr. Bouchette, to whom the com- 
mission of Deputv Surveyor-General was given, in room of Collins deceased, and the 
manner in which from the first ho managed I ho affairs of that important depart- 
ment is best shown by quoting the words of the Lieutenant-Governor in his dispatch 
of 22nd April, 1802. " Mr. Bouchette," ho says, " has fully answered the expectations 
" which wero'formetl of him both bythcCommitteo and myself, so that since his ap- 
" point ment, every facility has been given to that part of the public business which 
"relates to the granting of the waste lands of the Crown." (Q. 88, p. 70.) 

Joseph Bouchette whose appointment to the office of Deputy Surveyor-General 
was made on the 15th of February, 1802, was the son of a Canadian, as stated by 
Simcoe in a letter to Lord Pelham of the 2nd May, 1802, to whoso fidelity Lord 
Dorchester trusted his personal safety and in that the preservation of Canada, during 
the American Rebellion. He commanded the naval force on the lakes of Upper 
Canada, a post of great anxiety and inadequate profit, in which he conducted him- 
self with great integrity. (Q. 90, p. 289.) 

Joseph had from an early age been actively employed in different capacities. 
In 17!)1, he was a provincial land surveyor and a draughtsman under his uncle 
Major Holland. Tn 1794, ho received a commission as lieutenant in the Provincial 
navv servincr fbr five years, part of which time he was in command of one of His 
Majesty's vessels and saved during that timeH.M.3. "Onondaga" off York (Toronto) 
harbour when deserted by the officers and crew. Ho was emploj^id in hydrographic 
surveys of the harbours of Lake Ontario by 3imcoo, to his entire satisfaction, and 
was for some time in command of a row galley on the St. Lawrence, with a detach- 
ment of troops to guard against apprehended hostile attempts. Besides the naval 
he was also engaged in military service, was lieutenant, adjutant, and instructor ot 
the Canadian militia at Quebec and was subsequently appointed to the command of an 
•irtillerv conipanv. As already stated, he was appointed Deputy Surveyor-General 
in I8O2' and promoted to the rank of Surveyor-General in 1804, in which capacity he 
perfected a system of survey and alleged, the correctness of which statement there 
seems no reason to doubt, that in the three years he had transacted more business 
than was done in the twenty years preceding. 

The promotion to the office of Suiveyor-General was actually made by the 
Lieutenant-Govornor in the month of August. 1803, but the appointment was not 
officially approved of by the Ministry until 1804, although Mr. Bouchette was in the 
active discharge of the duties of his office during the interval. The establishment 
was then vorv limited, and in November, of 1804, the Council recommended the 
appointment of two clerks and a messenger, the total establishment, in addition of 
course to the Surveyor-General himself; the salaries roommended were for the one 
clerk ten shillings a day, and for the other £150 sterling a year, the charge for the 
messenger tr. be .£40 a year, but that was to include the cost of his board to be pro- 
vided by the Surveyor-General. These sums, the Committee were afraid, might becon- 



REPORT OP THE ARCHIVIST. ^ix 

8idered extravagant, but it was hojied thoy would be sanctioned and " not be thonirht 
too much for the purpose of procuring and attaching persons who can ho depended 
on ,n the puhh-c service." On the 2n<l of May following, the arrangements and ex- 
penditure wore sanctioned. (Q. 97. p. -iS.) 

Whilst in London in 1807, Mr. Bouchetlo urgentlv called attention to the 
importance of having the bonn.lary botweon the Province of Lower Canada and the 
United States determined, and pointed out in phiin terms the difficulties that would 
arise wore this not sottlod. ]]ut the boundary was not settled for nearly forty years 
later the two countries being repeatedly on the verge of war from disputes arisin.. 
out of this question. A roforen. v to the memorandum ho submitted may be 
found interesting, if not now useful. Ft is in Q. 106-2 p. 437, followed by extract 
from a speech of the Governor of Vermont, imiicating the claims setup by that 
State Some d^iys after, he sent the " Heads of a plan of defence respecting the two 
Canadas.(Q 106-2, enclosed in letter of 9th August, p. 479.) In the latrer end of 
August 1807, he left London to take ship at Portsmouth, but was too late and went 
on to Plymouth ; there he could only find a ship bound for St. John N B a misfor 
tune which was afterwards of great advantage. lie antici],ated 'a laborious and 
expensive journey across the country to get to Quebec, although affording him 
an opportunity of acquiring a more correct knowledge of that communication. How 
thoroughly his anticipations in this latter expectation were verified, is shown in the 
topographical description of the various provinces, which he published m 1831 and 
although It IS now fully sixty years since that date, the work is still regarded as an 

MliHmlp"'^''"^"^'"'^^^"^''^' country, including the two Canadas and the 
maritime Provinces. 



eith.P '"''J°«'';/'™"''^"-«t'0". by name, was little noticed by the Legislatures of 
tZi^ZlTl II 'T ""'/''''''"S th« ''>"ds to individuals being their settlement 
c df Z V ; •• I '•'' "' 'P'^""''"'^ ''' '^"'^■^ ''"^•'^''^^ ''' the end of each volume 
w ith t t " " .: "'*"i" '^'' '"' P'"'''^"^ ^^P«''*' "^"y '^-'«* >" determining 

rid rr'.K '?•'''"'*''""'• »"*««'•*«•" causes and individuals may b? 

noted, as affecting this object. •'^ 

SimcoetftirT"'- ^^'"^"\^h<^ h'-^'i been in Upper Canada with Lieut.-Governor 
tract of and. On his return in the spring of 1801 he, however, found that the 

hir" f h"'^' 'r: .'^f'^' ^-^ ^^^^'^ ^'^ ^^^ ^^'- «^- ^-^ ^^ ^'-^ effect i': 

Upper Canada) and had found his situation all he could have wished. In order to 
avoid pay„.ent of the fees under the now regulations, which rendered the possession 

a « an wZh T^"""!' ""^ '*®'"" '^''" "•"" ^^ ^'"'^ ^' ^'-'^ "'^^ ^uke to adopt 
a p^an which he points out, as he thought he was equally entitled to the rank of 

Midago as other adventurers ir a now country. The plan he proposed to the Duke 

wa.s to obtain for himself the grant by royal patent of Ihe Tow' slip c f Uo I'hton in 

ZnZT 1 .r'"'" "^ "^'^'^ '^"^' '' '''y ^'^J^^^"* '«--b"P not granted,!::;^ 
trom tees and ohlifi-.'it on-of settli^mfint • fhan f-. t..^ << *u . , ^ 

. .,. , , "^^ "' ■^^'"'"<'"f> ^"en to transfer the patent to him (Talbot) 

nron ir' .'" P:T^'"""' ^"'"^^^ the proviiLl deeds made out^; 
Sdencoth 7;^7-^d »'- Township of Houghton as being near his place of 

resHlence, this would place " the once gay Tom Talbot " under great obliga/ion ; he 



XX 



CANADIAN ARCHIVES. 



was out, ho said, every morning at aunrise in his smocii frock, felling and burning 
the forest to form a farm, and adds : "Could I but bo seen by some of my St. James' 
friends when I come home to m} frugal supper, as black as any chimney sweeper, 
they would exclaim, what a damned blockhead you have been Tom, but no, as I 
actually eat my homely faro with more zest than I ever did the best dinners in 
London," (Q. 291, p. 517.) The Duke of Kent made the application, but not in the 
form asked for by Colonel Talbot, but for a direct grant free from the fees, &c., on 
the ground that the gi-antbad been promised in Simcoe's time, and through oversight 
not carried into effect. A similar application had been made to the Duke of Cum- 
berland, and the reasons for the refusal of both of the royal brothers to make such 
a request to the King, throws a curious light on the relation between George III. 
and his sons. Writing to Lord Hobi<rton the llth of October, 1801, the Duke of 
Kent states the difficulty felt by Colonel Talbot with respect to the obligations he 
would incur, and says: "To obviate this, from his ignorance of thedifficulty there is 
" for any of His Majesty's sons to ad<ire8s him with a request of any sort, but more 
" especially of the nature of that which hepointsout, he has made an applicallDn to 
" ni}' Brotherto askfor a townshipinhis ownname to be herenftor transferred to him. 
"But this is quite out of the question, for the Duke of Cumberland by no means 
" wishes that his name should appear in this transaction." Both of the royal Dukes, 
however, were anxious that Talbot's wishes for exemption should be granted, for 
which the Duke of Kent believed there was sufttcient justification. The request was 
complied with, and an order sent that steps should be taken to carry it out. On the 
27th October, 1802, Colonel Talbot proposed to Mr. Sullivan a government scheme 
for attracting settlers to Upper Canada, which he ottered to superintend and direct. 
(For statement of Talbot's services, see Simcoe's loiter of llth February, 1803. 
Q. 29G, p. 28(j.) In the spring of 1803, he was granted the land he asked for, but as 
accounts are to be found in printed form of his proceedings, it is unnecessary to enter 
into them more fully here. 

The exertions made by Lord Selkirk to promote emigration are well known, 
and his publications on t.i-! subject are accessible. In 1802, His Lordship laid 
before Government proposals for an extensive emigration from Ireland to Canada. 
His proposal (Q. 293, p. 172), was to establish a colony expressly- foi- Irish Catliolics 
in some unoccupied part of North America, where everything should lie arranged 
to suit their religious and national prejudices, that encouragement should be held out 
to settlers and the expense of their passage bo paid from the public purse. Were the 
plan adopted he would undertake to settle the pi'oposed coloiiy, and if Government 
would defray the expense of their passage, he would pledge himself to procure any 
number of settlers that might bo deemed advisable. In supplementary observa- 
tions, sent a few days later, he suggested that the proper place for the colony should 
bo in the neighbourhood of Lake Winnipeg. The obstacle to this was the monopoly 
of the Hudson's Bay Company, for which he pi'oposed a remedy. (Q. 293, p. 178, see 
also letter p. lt)9.) The letter was addressed to Lord Pelham who transferred it to 
Lord Hohart with notes by Mr. King, who did not agree with the scheme, as he did 
not think colonizing en masse would do, nor that new districts or separate colonies 
could be formed. Every person settling must be under the laws and executive au- 
thority of the Province. As for the fur trade, it took good care of itself and there 
was a "salutary neglect" which beat all the care in the world. This particular 
proposal, therefore, came to nothing. 



I 



RRPORT OF THE ARCHIVIST. 



xxi 



lu the meantime an intended emigration from the West HigMands of Scotland 
under whose d-ection doea not appear, wa« reported by the coilecto. and comp ollex' 

In f , k" ^"""' *^"' '^' ^'''•'^ of Customs in Edinburgh appearrhave 
placed such obstruct. on. in the way as to prevent the emigralion'Lm Llc'g 

Mn.-ill "^"'T' \^^^; ^'"'' ^^"^•'■l^«PPl'«'^ Norlands at the Fails of St. M.ry rSault Sle 
Mane), and also for a grant in Prince Edward Island. In August he enfered into 
detai s of his phvns ; he would make it his study, he said, to learn tL mea 'sof ind 
ing Gorman settlers, of Scotch he had no dou'bt of securing a suffi ienlT as .^reat" 

VIS. the.e that so many had gone to Carolina and others were preparin^r to follow 
nex year. He could not absolutely state the number of people he could settle buT 

«k;„ , . ^^- ' P- '^'"'•) '" accordance with this proposal His Lord 

m n 11 "::^""' ^'"'""'"'^ the situation at the Falls of St. Mary, who m^ re om 
men ed to the px-otection of General Hunter by Lord Hobart. Vn November IlTs 
Loi .hip wrote that he had succeeded in overcoming to some extent he habi of 
te Highlanders to go to whatever place their friends had settled, from which cause 

tion of the ideas he entertained on this subject. "''^" 

I" March, 18();i. Lor<l Hobart informed General Hunter that -i bodv of Hi.h 
anders, mostly Mao.lonnels and partly disbanded soldiers' , , ^ \;t. " t 

I<enc,ble Regiment, with their families and connections, were about t.Tr to 
U,,H,r Canada some of their relations already settled there Th ir me it ,n 1 

ISM), the Reverend AloxanJ.. MucDoncll wroto to Mr Sidlivu, th« ■ ^ ?, ' 



xxu 



CANADIAN ARCHIVES. 



said, " Borved sotiic short time under my command in Ireland in 17!>8, when I 
found thorn to bo a remaritabiy wol!-bohavcd and well-disposed set of people." (Q. 
29'J, p. 49.) 

Mr. MacDonell arrived in Upper Canada duriiijj the sumnior of 1804, with, tc 
quote his own words, " instructions I'rom Lord Ilobinl to take upon him the spiri- 
" tual charge of the Scotch Highland Catholics settled intho Province." lie was to 
fix his residence in the Highland Settlement of the Eastern District, that is in Glen- 
garry, but to visit occasionally other Highland settlements. The memorial from 
which this is taken describes Mr. JlacDonell as "Chaplain to His Majesty's late 
Glengarry Regiment." The object of the memorial was to obtain the assistance 
promise<l by Government to enable Mr. MacDonell to procure a few clergymen and 
schoolmasters of their own countrymen for the Ifighianders, and to call attention 
to the great extent of the work thrown on him, which it was impossible he could 
perform .-ilono. Besides those at his own immediate place of residence, there were 
settlements at York, Kingston, Niagara, Johnstown and Newcastle. In the Eastern 
District, the Highland settlement included the whole tract between the St. Lawrence 
and the Ottawa, composing the Counties of Glengarry, Stormont and I'rescott, with 
a population of 10,000 rapidly increasing. (Q. 30."), p. 4, see also the account by 
Bishop .MacDonell of the settlement of Gleiigariy, among the Archives. The cata- 
logue of the printed books may be referred to under the title "MacDonell," and 
under the same title is a statement among the manuscripts series M.) 

In 1803, a proposal was made for a Swiss settlement in Upper Canada, in 1805 
Sir George Mackenzie made inquiries as to the prospect of sending a numbei' of his 
tenants there, and in 1807 a petition was sent by Lancashire labourers for assist- 
ance to emigrate, but, so far as the documents show, no result followed these move- 
ments. 



Great importance was evidently attached to the cultivation and pi'eparation of 
tlax and hemp to be used for cordage foi' the Royal Navy. The correspondence 
relating to both Provinces clearly establishes this fact. The most libor'al encourage- 
ment was given to persons who intended to enter on its cultivation, and premiums 
were offered of considerable amounts for the best samples sent to Britain. Some 
remarks on this subject may be found in the report for 1891, pp. xlii and xliii. 

The sums proposed to be invested in this industry were comparatively large. 
Mr. Philip Robin, Junior, of the Island of Jersey (presumably one of the family of 
Robin, Pipou & Co., engaged in the fisheries) proposed to invest £10,000 sterling in 
the cultivation and ])roparation of hemp, should sufficiient encouragement be ofl'oi'ed 
by Government. The attention of Mr. Robin, it was stated by Messrs. LeMesurier, 
who forwarded his application and engaged to become security for the fulfilment of 
his engagements, had long been directed to this object, but the length of time 
required before returns could be received had hitherto deterred him from turning 
this knowledge to account, so that it was necessary for Government to assist with 
advances during the first years. He desired that all the transactions should be 
between him and the Imperial Government owing to the failure of all previous 
attempts made under the supervision of the I'rovincial authorities. This latter 
statement is not borne out b}- the correspondence, as the Colonial Secretary writing 
some months after the date of the application on behalf of Mr. Robin, expresses his 



UK PORT OP THE AECHIVI8T. 



xxiii 



satisfaction at the progress made and hoped that the Legislatui-o would take moas- 
nres to promote etfectually this very important object. In accordance with this 
desire on the part of His Lordship, an Act was passed in tiie following session, and 
the subject, says Sir Jtobert Miinos, was talicn up witii consiiierable spirit in the 
districts of Quebec and Montreal, in which committees had been established, which 
had jointly issued instructions in English and French, " On the mode of cultivating 
and preparing hemp," shorter instructions being published in the Official Gazette 

and 



ven 

md 



by the Montreal Committee, with the following advertisement, in lOnglish . 
French as are all the documents issued by the committees. "Notice is hereby gi' 
" to persons inclined to raise Homp, that seed will be delivered gratis, at Quebec i 
"Montreal, to such persons as will engage to sow the same, not exceeding two and 
"one-half bushels to one person, and that nine pence per pound will be paid for 
"good clean Hemp of thegrowdi of Lower Canada, equal to samples of Eussia clean 
" Hemp, to bo seen ;il Quebec and Montreal and delivered on or before the 30th Sop- 
"tembei', 1803, and iwelvo shillings and sixpence per bushel forgood ripe Hemp Seed 
" delivered on or before the let January, 1803." The Act ((Jeorge III., 1802, Cap. V.) 
provides for the application of £1,200 currency, to enable the inhabitants " to enter 
"on the culture of hemp with facility and advantage." Premiums were also offered 
by societies, and at page xliii of the Repoit tor 18!)1, already referred to, it will be 
seen that in 1804, :\[r. Isaac Winslow Clarke, Chairman of the Montreal Committee, 
received the gold medal from the Society of Arts &c., for hemp grown in Lower 
Canada, the other medals being awai'ded to Upper Caiuidians. 

That the interest in the subject was widespread is apparent from the evidence 
a,flForde(l by the correspondence. Sir .loseph Banks, the President of the Royal 
Society and a man of distinguished attainments, in reply to a reference from the 
Board of Trade, gave some iiifoi'mation that will help to account for the abandon- 
ment of this industry in the Canadas, in spite of every otfort to foster and encoui'age 
Its prosecution. In i-espect to the probability of obtaining a supply from the British 
Colonies in America he is not hopeful. On this head he quotes from a communica- 
tion from Stephen Shairp, Esq., which says; " Ln countries where (lie hemp is 
" grown, the peasants are glebi adscripti " [serfs], " whence it is that no largo farms c 
"exist there and hired labourers are not easy to be procured. Hemp, therefore, 
^" seldom cultivated in large fields, hut generally in small patches near the house oft 
" peasants each of whom raises as much as he thinks he can, with the assistance of his 
" family, prepare for the market, and no more." Mi'. Siiairp gives further details 
respecting the mode of collecting for the market, &c., ami after pointing out the 
immense value of this industry to Russia, adds : " A stoppage of this -ide would 
" paralyze the Empire in every vein, for it extends to the most minute ramitications." 
Hence Sir .Joseph concludes that the exportation of hemp from Russia cannot be 
stopped under any conceivable circumstances, and that however low the price paid 
to the British or Colonial producer, Russian hemp will be ottered at a still lower rate. 
Sir .loseph then enters into calculation of the cost, founded on those made by Chief 
Justice Elmsley for Upper Canada, and shows that the price when delivered for the 
Navy is gi'catly in excess of that at which Russian hemp can be obtained. His tinal 
conclusion is that hemp should not bo grown in a populous countrj'. as for every ton 
raised there is a deduction of sixteen (luarters (128 bushels) from the food of the 
inhabitants. (The letter in Q. 90, p. 323; may be read with advantage, as it shows 
how impossible it was then, and it is to be presumed even now, to compete in the 



can 

is 
'the 



XXIV 



CANADIAN ARCHIVES. 



market with hemp of BirsMiim growth, the hemp p, -ducod in Canada being at presont 
roHtnctod to that grown in Hinail quantities on a limited area. 

The reports of the ropomakor« (Q. iKJ, pp. 151, 154) agreed as to the tensile 
strength of the hemp, which for some piirpo«e« was, they considered, bettor suited 
than any other, but the imperfect manner in which it was prepared for the market 
seriously diminished its value. 

Among the applicants for hmd to be set apart for him as a bounty for raisin-' 
hemp was Philemon Wright, the founder, it .nay be said, of the hunber industry on 
thoOttawM.and whose descendants Htill oceupy positions of note in that district 
His application was for Kettle Island, opposite Templeton, a few miles below the 
present City of Ottawa, and so much Ht land in the townships of Hull and Temple- 
ton as could be found for the cultivation of that plant. The committee, however in 
view of the prohibition either to grant, or to give leave to occupy, islands, refused the 
first part of the petition and adjourned the consideration of the second The pro- 
posals made by Mr. Wright were : 1. To engage to bow 100 acres in ten years or 
less, 10 acres to be sown next spring (180;5). 2. To erect a water or ho'rso mill 
tor preparing the hemp. No return to be asked for the loan of the see.l for the first 
season, a grant of 10,000 acres of arable land on the Grand or Ottawa River, indepen- 
dent of thei)ivmium or other encouragement nfTered by Government. He pointed out 
the great expense that must be incurred by erecting mills and procuring workmen 
from New England, and urged that if his proposals were agreed to, the land should 
be set apart at once so that he could have it prepai'cd without delay for cultivation. 
The countc!' propositions of the Committee were : That Mr. Wright should raise 
hemp in the townshij)of Hull for ten years to the extent of ten acres annually and 
receive 200 acres for each ton of good merchantable hemp delivered and inspected, 
but the amount on which the grant is to be based is not to exceed 100 tons (that is 
20,000 acres as the maximum); he could sell the hemp !o the best advantage ; he 
was to receive no additional bounty from the Provincial or British (iovernment, but 
that did not debar him from receiving premiums offered by agricultural societies or 
any other private bounty. The Committee recommended that 20 bushels of seed should 
be advanced for the first crop, to be returned next year if required, Mr. Wright 
agreed to the counter proposals, so far as regarded the annual sowing of ten acres, 
but asked leave to modify his proposals after a year's experience. ~ The plan pro- 
posed by m-. Wright of sowing in drills, was negatived by the Lords of Trade on the 
ground that whilst better seed might be produced, the expense of cultivation would 
be increased and'the quiiliiy of the fibre injured by the plants sending out numerous 
side shoots, the broadcast system and thick sowing being the best to pursue. Other 
applicants in Lower Canada will be found mentioned in the calendar, a reference to 
which will enable investigators to obtain access to the text of the documents. 

Li U])i)er Canada a similar disposition was shown to enter upon the cultivation 
of hemp. Colonel Talbot, the founder of theTalbot settlement,selected the township of 
Yarmouth in Western Canada, now Ontario, as suitable for its growth, and proposed 
to extend its cultivation through the whole township. So far as the volumes calen- 
<iared in this ie|)ort are concerned, the references to the cultivation of hemp in 
Upper Canada are few and the information meagre, yet the i.ioof that it was en- 
gaged in to a certain extent is undoubted, one of thi! evidiinccs being the 'nviii'-- of 
medals to farmers in Upper Canada by the Society of Arts, etc., for the quality of 
hemp produced. (See Heport for 1891, p. xliii.) 



REPORT OF THE ARCIIIVIST. jj^y 

The quoHtion of impro.s.smon. only comoH up incidontully, ullhough it wuh carried 
o a iugl. do^r,.ee, many ot the von.els i„ Quoboc l.cing left so .hort-l,a„ded that their 
a.l.n^. a.o u. the noason was attended with very HeriouH danger owin-. t„ the weak- 
ne«H and ...n.oq,u,nl .n.fhaency of thoir crown. Nor were the noamen taken with- 
out roH.tance, s.> that h oodnhed was frequent, and occasionally a life was tak^ of 
wh oh an .ns ance may be found in ,ho calendar of a previous repor.. lOven ^he 
pro CO , on alto-dcd .,y law in the oaso of persons specially exem .ed from n,! 
lu s U.dnapped was no always sulHcient to preserve .heir libe-.ties the press ..anj 

ar.ng tod.st,ng.nsh too closely between those who nnght and ihose'who nS 
not bo pressed ,nto II,s Majesty's naval service in time of war. Two cases are 
n.e,u.oned ,n to documents calendared in this report. One reported o. Ty S 
Roberhhore Lines .nh,s letter of the 15th of November, 1804 (Q. !•(], p 2^ was 
that ot John Queen, apprentice to a hatter named John Digouard at Quebec a Z 
under e.ghteen and who had never been at sea. He had been carrio<I oH by Z 

^dl^h;''' '•'"' r'^t^r'; ""' '"^ I^ieutenant-Uovornor appliest-^ s^t : 
and for the redress which he holds to beduo for such a violation of law. The other 
case was t at of a son of Judge Panot, who had been pressed in London two yc rs 
before, and was serving still as a comn>on seaman on 'board II.M.S. " KsoZ^'Z 
e Med.terranean. Si. Kobert stated that he had already made applieatio f t^ 

1 the ^ T''.r '■"'" ^'^'""^''^ P'''"'^^^' ^-hannels and now wrote oilioially. 
(Iortheda.,gertothe navigation of merchant vessels cause.l bv the practice of 
.mpress.ng reference may be n.ade to this letter Q. %•, p. 2. , L. i. eouence f> tl'e 
^re^nauon made by Milnes. Lord Camden took i.im.liate stepsT^I 

Prtb lb r'™. "'V'."'"' ''"''"^' '' May he was informed that young 
P n lu I been d.scharged from the " Kxcellent." What became of Queen is no't 



The difficulty of obtaining means to build Gaols and Court-houses in Lower 
Ca ada was atte.npted to be overcome by lotteries for raising the u.^Z^ Zl 

.^ iTfo tie ; o : .'u^ '"^ satisfactory; as they neither atfor.led 

J 7% tie V.U I . •' "Vu '^"'""'■'' '"'''^' shelter that humanity required, 
y td ^,^, i;?:"^ '':r"'' "'^"^° '^^^«"^'-' ''-^boen caned to^he ^bjoc 
vfsi 1 1^^ . j' ' ';''''' ''"" '^-'^'^■"^^ "-^ ^^-'-- ^-- 'he escape of prisoners, 
thn t f , l^''^-^^"'"^""* at the September term of 179t; representee 

iKnt io»|,cct,„(. He B„c,| ,i,„^_ „,u„,.iiig i„t„ mimilo details of its con.lili.m 'P 1 
Z:Zl " T" "'""■ """ """"'•''•""• »"■"" """" '"«e-e . /, j;™ Zri,, c, 

of ha^i ,„b i ,; r„';r;' x """"""'' •"""" "° """"■ »"" "■« »■"»"" 

^. ""^'""0" "'io<-'"oc.. The presentment further alle-e'^ tb-il (hn ■« 

"X": T' ":r"°: ""'"^'""^"^ ^''-> ^«p--^'i"" of liberty, ' ^; ;1^: 

n, a .tatc of idleness, mixed as they now are with other oflenders, they 



XXVI 



CANADIAN ARCHIVES. 



" are in groM danger of loavinj^ the gaol at the period of their confinement more 
" hardened in vice than when they wore committod." 

[n 1H04, tlu) (iiaiid .liny of Montreal made another proBontment, which gives a 
pictmo of th»! slate of the gaol, which, if cornet, showed plainly the necessity for ft 
now huildiiig, and of its corroctness there is no reason to doubt. The presentment 
states: "'That the present Iguol is only (he ruins of the former one, which was 
" burned, repaired and patched up in such a manner that the prisoners are sheltered 
''from the inclemency of the weather, Itiit by no means prevented from going out 
" of it whenever they foe! so inclined." The exposure of the inl, ibitants to all sorts 
of outrage is I'epresciited as a strong reason for a now gaol being built, and the 
assistance of the court is requested to obtain the remedy so imperatively required. 
The Chief Justice, Monk, forwarded the presentment to the Lieutenant-Governor, 
with a recommendation that its prayer should be given effect to, and Sheriff 
Gray was asUed for a report on the subject. From this report it apjiears that the 
same biiil.ling had existed under the French rule, that it hatl then, as well as subse- 
quently, siitferefl from fire, and that although the sum of £<;!") had been recently 
expended on repairs it was still inadequate to the security of prisoners. 

In accoi-dance with the reports, &c., an Act was passed in ISO"), by which Com- 
missioners were appointed to have a gaol erecte<l in each of the cities of Quebec and 
Montreal, the cost in each case being restricted to £9,000 currency, the amount 
required to be levied by duties on goods imported into any part of the Province. On 
the ([uestion of erecting the gaols in these two cities, there was no difference of 
opinion in the House of Assembly, but on that of the ways and means for carrying 
out the object j)roposed, a discussion at once arose, the members of the Assembly 
connected with trade being urgent for the imposition of a land tax, the land-holders, 
English and Canadian maintaining that the amount required should be raised by 
means of import duties, which latter proposal was embodied in the Bill, Petitions 
were then sent to Legislative Council by the merchants of Quebec and Montreal 
against the Bill and leave asked to plead at the Bar of the House which was refused, and 
the Bill passed the Upper Chamber unanimously. The Lieutenant-(4overnor was 
then petitioned to reserve the Bill for His Majesty's consideration, but on the 
report of the Attorney-General, to whom the question was referred, it was decided 
to grant the royal sanction without reservation, and the Bill became law. For the 
arguments for and against the policy of imposing import duties, reference may be 
made to the letter of Sir Robert Milnes of the P2th of April, 1805, (Xo. 22), in 
which a verj- full account of the discussions is given, as well as of his own reasons 
for giving his assent, (Q. 'J7, p. 59.) Copy of the petition of the merchants of 
Montreal to the Council against the Bill is in Q. !»!), p. 100, that from the merchants 
of Quebec to Milnes, being a duplicate of that from Montreal, has not been copied. 
In view of the importance attached to this impost by the mercantile community, 
reference may be made to the memorial by merchants in London trading to Canada 
for the disallowance of the Bill in Q. 90, p. 285, the covering letter from -Mr, liiglis 
of the firm of Phyn, Inglis & Co,, being at p, 284. 

In the previous reports information was given respecting canals for the trans- 
port first of military stores and afterwards of merchandise, some additional papers 
on that subject are calendared in this report. Among these is a memorandum by 
Sir Alexander 3lackenzio on navigation by the Upper St. Lawrence. His proposal 
made in the most general terms is contained in Q, 293, p. 120, but no ])lan of any 



REPORT OP THR ARCHIVIST. 



xxvii 



kuul.HHUff,resfe.l,l.oyoM,lfhotactof,ho feasibility of opening a navigation from 
Montreal to Luk.. Ontario, with a longth of canal of fourteen n.ilos of easy con- 
struction, an HgHi.mt upwards of „i,„.,y .nilen from All.ar.y to the sam. lake, and ho 
urgcH men of capita! in [.ondon, who would no doubt bo appealo.l to for moanH to 
carry on so ^«Ht a work as the latter, for which the resources of the projectors in 
the United States were inadequate, not o he tempted to assist a foreign, to"tho.ietn- 
mento the ,not her country. Colonel Mann, com.nanding the Royal i.'.ngineers, to 
whmn the proposal was referred, remarked on its vagueness, but agreed that at a 
moderate cos. such a system of navigation as was proposed by Sir Alexander Mac- 
kenzie was practicable, the improvement in navigation being in many places of easy 
accomphshment oven without the expense of canals or locks, but he attached the 
g.eates importance to the construction of the canal from Montreal t.. Lachinc He 
assumed, an assumption that appears to ho force,l and non-natural, that Sir Alex- 
ander, ,n speaking of a canalago of fourteen miles, means that distance in a co'n- 
tinuous Ime, and needlessly controverts such a statement. "It is possible" he 
says he may mean the sum of all the ditferent lengths to be cut through at 

. !!r 'I r,'7{.""* "'■''"'' ^''"'■''^''™''^ '^ tho.e who know the 

g ound, and (.olonel Mann was one of these, would appear to be precisely what Sir 

Hon K f . '° •' "^^•^■^^"■•^^ f"'- ♦''^' Hccomplishment of the work, that the proposi- 
t^uns should be very explicit, was but reasonable. The result of cutting a canal 

CO w" "^"^''^ "'"' ^'"'^^ '^>" ^"^^'^*i«N '- Hf^ted to have been satisfactory, as the 
cc«twoul.|.oon be repaid out of the tolls, but doubted very much if this would 
follow he construction of fourteen miles of canals and locks, a doubt which ho 
aUnbutcl to iM. want of commercial knowledge, as a rc.son thr his .l.fHdence in 
p.o ounc.ng an opinion. Whatever may have been Sir Aloxaiuler's exact plans, his 
whi.l P r I'm "''"^''"^i''''.^' '"^'•'•i«'' '^"^ with the addition of the Lachine Caniil to 
which Colonel Mann attached so much importance. The communication between 
Lake Ontario an.l Montreal, besides that from the Upper Lakes by ,bc Welland 
Caul, has b,.en completert on a liberal scale, enlargements of the canals and locks 
having boon made morcthan once,and the navigationothcrwise improved. lieterenco 
may be made respecting canal projects to the reports on Archives for 18S6 and 1890. 

eithJt T' "^■"■';^'""' "' '="• "^ '''■'•t^''''nnts were concerne.l, wa. not satislactorv 

Iv und litt T'' rl'v "'■ ''"""^'- ^^'"' "''^^ ^"•-""'" '^'^'-P --plained frequenl- 
of, Vil f f r''°""^'"' accorded to the Church of Knghuul. In his letter 
he th of .lune, 1803. ((^ -.2. p. 253), printed in full at noteC, in this report, he 

ChuchorK'T";' T'"' n' '""'"" "^ '''' ^^•^'""" C'^^'-''^ Church and the 
•^sZ 1 L f M,'" T ^"""'"' '" -•^i''^"- -y- "Compared with the re- 

ni in Ct o;; "r^ . '■'".'"''"" '" "" "^° '**' '^" ^'"'^ '"' ^^'«''"P '^f ^"^-l^^" by the Ro- 

Zch t '■'' i'-'' 'T^'r' ''''' '"'"^'' ''"''''''''- "^'- -Perintendentof the 

xin Ion ' ."; "" "■ "" '""""'''^^^ •^""^•"" "^" ^^^P^P^"'^ l^-^" has entered 
upon his episcopal functions, and exerei..os without control all the pafona-^e and 

beX bet!' u t ^" '"^«'-««^i"g conversation and report of a second will 
be found between Mgr. Plessis an.l Attorney-General Sewoll, beginning at page 23 



I 



xxviii 



OANADIAN ARCItlVES. 



of Note a, iind roforonce may also bo mmio to the other documontH printed iu full 
in that note. In (brwardin^r tho tvv., lopurtn from the Attornoy-deneral of the con- 
ver.at.o.. botwoon him and M^r,. iMeHsin, the C(mdi...or, «ir Robert MilnoH «tato<l 
that both the Bmhop and Coadjutor woui.l accept the lo.mH ollorod, and forwauied a 
petition from M-r. Denaut, the lioman Catholic Hinhop, praying that he and his 
HUccessorH Hhou.ld be civilly reco^'nized uh Binhops of the Roman Catholic Church of 
Qiiebec, " and enjoy Huch prerogatives, rightn and temporal emolumcM.tH an Vour 
MajcHty Hhallgraciou.ly attach to that dignity." (The petition, with a trauHlation, in 
at the end of Note li.) In the letter of the 4Lh of .Inly, 1805, (No. 28), forwarding 
thiH petition, Sir Robert Millies wrote, in rofoienco to the application by the Bishop 
tor a., increase to his allowance, that as a condition precedent to such an increase 
^^ he shall implicitly conform to (he 44tli article of His Majesty's irmtructions, which 
^^ requires that no person whatever shall have the cure of ^ouls without a license first 
had and obtained from the Governor, etc.. and which hitherto ban never been en- 
^1 forced but which I was directed by His Grace the Duke of Portland to endeavour to 
effect by every means which prudence can suggest." Further .m in the same letter 
he saj-s," I have every reason to believe that both the Bishop and Coadjutor would 
^^ not hesitate 111 accepting the terms, if it wore not for their .Iread of the popular 
^ clamour, and thc.r fear of being accused of relinquishing the pretensions of their 
M.l.urch forconsidcrati.uisofprivat. advantage, scruples which I have little doubt 
ihey will lay aside, if the object is steadily followed up." The letter of Mili.es from 
which these are extracts has been very fully calendared, and deals besides the 
questions relating to the Bishop, with thai of the prop,.rties hehl !y the seminaries 
with roix.rts attached dealing with both subjects. It may be added that M-r' 
penaut died on the 18th of January, 1806, and was succeeded by Mgr. I'Icssis, Coad- 
jutor, who took the prescribed oaths on the 27th of the same month, M. Panel 
being appointed to the office of Coadjutor and taking the oaths on the 8th of Febru- 
ary following, although at first some doubts were entertained as to the propriety of 
M. Pallet's appointment. 

Incompliance with rei)eated representations on the subject of the want of 
church accommodation for the ]>rolcstant inhabitants of Quebec," made bv the Lord 
Bishop, to which a slight reference was made in the report for 18i»l, the Colonial 
Secretary, the Duke of Portland, wrote to .Milnes, as there stated, on the 2-lth of 
July, 1799, authorizing the building of a Metropolitan Church at the seat of Govern- 
ment, on the site of the late Church of the Recollets, and to apply for that purpose 
a sum not to exceed £400 annually, having no doubt that the inhabitants would con- 
tribute to the extent of their means towards the accomplishment of so laudable j-n 
object. As the law did not authorize the collection of tithes, it was the duty of the 
Provincial Legislature to make some j)rovision for the officiating clergy." These 
means, however, he believed would be more easily foun.l than suitable ])ersons for 
the office, a point on which he was in correspondence with the Society for the Pro- 
pagation of the Gospel. How cori'cct was this view may be seen by a reference to 
the Calendars for both Provinces, which show the almost impossibility of oblaiiiin<r 
efficient clergy for the jmrishos as they were formed. " 

A commission was appointed to sujierintend the building of the Metropolitan 
Church at (Quebec, and in June. 1800, the commissioners reported that they hud 
fixed on a plan and obtained estimates of the cost, which amounted to £4,925 lOs.Od., 
independent of several articles unprovided lor. These were: the ste])s| the pulpit!, 



RKl'dRT OK THK ARCHIVIST. 



xxtx 



eil, nor w.w Urn mnlnriiil ii>..l ,.M„.,. ,1 nulKniy, h„d not liooii ,.xco.-,l. 

=;' tr.:,T-;r 'T."" '^' '"""■ •'" '^"' '--''• ■-" '> -;"'":r;;:: ; :;i;::; 
h«i .,oo„™., n:::::.t/: a ;;;;■;;;.„::::;;"',;'" ;;" "■ ,"■« <"" <- ■-, 

tho work W...IM thov h()iK.<l ovr.M«„,r T T ^ Imjuont inlorr,.p.i„ns (o 

Kobe. Mn..o, ;n';:?vvS;;:,; ::: j'::, ^ -'• ^-r'^^'^- sir 

in hi. loiter ol- 12.1, \„vomlio.- 17'.0 V. n ' . I'-'O'cr, hav,,,;. already 

l.nvat..cH.„tributioMH, and that in tho c-lim«lo , r O ,. / ""'^"'' ^''"'" 

'I '•onsi.loral.lo sum ho fi<^ v ar^l ^^ ^ ^ ^^^^ n^^^ ''"' "'''^'^'"'■>' ^" "''vaneo 
Htatoot..r.ar....e. toUl^Ho: ^ / L : ^'^'^f ' 'r'" '-'"i^i-^ 
win.or. (Q. 8,, p. 4., Ilo roproHOMtod alno i;. h .^ o '^ ^ ''" 

hu' attention" paid by tl.o Lord Hishnp m.d the other Tom! ' ""^'"" 

expense down to the lowest point po' si d Hf .,« )" ZTr'.'r" " 'T^ ^'" 

tmuos, bo restricted to £400 u v..,. • fK .. '" -^ '''' ^''« «'•""- ho con- 

»• "■—'.« .'• H,tT,:„!,;,::: ; : irr;:'.;::' :.,:.:"";:,';r *"° '■:■" ^-^ 

l»«n,Lai..„ l,a,l l,„o„ l,,i,l „„,l s„„u, |,art „r iL I , „n , , ""o«„l,me U,„ 

"I mii«t<)l,servoll,«tii«llio Kiii"', l,„„„ii- „n i}.: "w<.i.ic-c Jo leatcil, 

" «s. »...! «cc„„,„a,„- ,.,„ „..,.u,:» ; M , ;:ti 7;°'"::'«'' '» «"<•«"■• 

" Iho clum-l, will l.„ ,k.|i,,v„,l l,v il„„, 1 «-"m«lcJ os|„.„s„ „f|„,i|,|i„g 

.i- "n.aiMing. ,,,■ iba, Mn., , ;; ' : \r 1 ;v:::,' "' '■■''■■■''™^^^^^ 

paymentH over tho first limitation as -mtl.n.Mv 1 . Vi ^ "> continue the lar-er 

'"? «" ".'■■' -.V. ■»».. (i'.:t..r ;::i:r J ■'« !^ ■ : ";;":,;;;:;::■: '""-■ t 

only IS .rivon . In accountinL' for the P.vitv of th„ P ^^'' '"''"^^ 

tribute towards the exp«ns.. of bui! , J K J," f ^.^''^'^^^^^''^ population to con- 



XXX 



CANADIAN AUCIIIVES. 



however, of many evidences, of such a policy. After pointing out the impoitant 
advantages that would result from putting the church ostahlisiiment on a respect- 
able footing, as one reason for continuing the advances, the letter continues : "It 
" may bo proper here to remark to Your Loi'dship that a great proportion of the 
" Protestants in Lower Canadaare not of the Established Church, and that the circum- 
" stances of those who are. will not enable them tf) contribute by vob'ntar}' snb- 
" scriptions such a sum to the present building as might materially lessen the advances 
" looked for from Government. But although a majority of the Protestants are not 
" declared members of the Church of England, yet there clearly appears so general a 
" ilisposition to conform to it, that I consider the probable event of uniting His 
" Majesty's Protestant subject.s of all descriptions in one communion, as by no means 
||i: " the least advantage to be expected from putting the establishment upon its proper 

" foundation." (Q. 88, j). 150). 

On the 28th of April, 1803, another memorial was sent from the Commissioners 
with statements showing the cost incurred and still to be met. The tirst statement 
shows the amount expended for the various services, materials, workmanship, &c., 
and it may not be uninteresting to local historians to know the amounts expended 
for stone from the different quarries. Up to the Slstof March, KS03, the stone from 
Cape Diamond cost £49(;.H.6 ; from Beauport, £78; from Ange Gardien, £547.11.8; 
from Pointe aux Trembles, £825.10; and frorft Cap Eouge, £182.18.6. The total 
cost to that date was (actual and estimated for one month) £15,059.5.10 currency, 
or £13,553.7.3 sterling, the amount still required to complete the building being 
estimated at £2,551.5.3 currency, or £2,'J96.2.8J sterling. 

The dimensions previously given, as those intended for the building, do not agree 
with the declared statement which accompanies the present meinorial. The dimen- 
sions there given, as may be seen by reference to a previous paragraph, were to be : 
length 130 feet, breadth 60 and height 34 fj'om the basement. In the detailed state- 
ment these were stated to be respectively 135 feet, 73 feet and from the ground to 
the top of the cornice, 42 feet 6 inches, with a tower and spire of a total height from 
the ground of 152 feet, but the depth of the foundation walls to the ground is not 
stated. All the other dimensions, the parts of the building in which the different 
qualities of stone had been used &c., are minutely detailed, and the causes of the 
great additional expense to that first estimated is stated. 

To the erection of this church was attached so much importance from an ecclesi- 
astics point of view that no apology seems to be necessarj- for the length of the 
remarks on the subject, and the light in which it was to be regarded was one looked 
upon by the Anglican Bishop with great anxiety. In a letter from his Lordship, 
given in full in note C, the following considerations are submitted to the Lieutenant- 
Governor : " I would beg to suggest the necessity of determining whether the Church 
" now building at Quebec shall be considered as reall}' a Metropolitan or merely as a 
" parochial church, if a Metropolitan church whether it can consistently be left 
"without a Chapter? without a portion of that dignity which should constitute its 
" appropriate character.'' And further on, as may be seen by reference to the letter 
reappears the assertion of the policy of uniting all Protestants with the Church of 
Rnfland. which the establishment of a Cathedral and Chaptei' the Bishop he.lio.ved 
would do much to biing about. For the answer to this letter, forwarded by Milnes 
to the Colonial Secretary, reference may be made to Lord Ilobart's letter of the 9th 
of January, 1804, printed in full in note C, page 22. 



REPORT nv THE ARCHIVIST. XXXI 

On the 14th of August, 1804, Sir Robert Milnos wrote (Q. 94 p. 231) that the 
church would be completed for consecration in the course of the month, and that the 
Bishop requested a verger might be appointed to be paid £30 a year by Government 
a request which was promptly acceded to. A return, onlv noted, in Q 97 p 5o' 
shows the incomes of the Protestant clergy. The Eecto'rs of Quebec and 'ihree' 
Elvers received a salary of £200 each without any extra allowance, the same for Mon- 
treal, with £80 from the parish, William Henry (Sorel) £100, with £50 from the 
hociety for the Propagation of the Gospel, and the evening lecturer at Quebec £100 
Ihese salaries, especially that to the Rector of Quebec, were considered to be inade- 
quate, and 8ir Robert Milnes urged strongly that an increase should be granted, as 
the Roman Catholic Curates [cur^s, that is rector.] had twice, many of them four 
times the income of the Anglican clergy, who were most of them married men 
whereas the former not being permitted to marry had no families to maintain. 

For further correspondence on the general topic of ecclesiastical affairs in Lower 
Canaua reference may be made to the calendar, in which full abstracts are usually 
given of the letters on the subject, of the establishment of the Church of England as 
a National Church for Canada, which in subsequent years led to long and embittered 
controversies, ending in the secularisation of the Clergy Reserves, and the complete 
severance, by legislative enactment, of all connection between Church and State. 
_ Reverting for a moment to the more local history of the Metropolitan Church 
in Quebec, the correspondence shows that the Commissioners in 1802 asked what they 
believed to be in accordance with the ordinary practice upon the erection of new 
churches at the respective seats of Government in the several Provinces of America 
tor a g,ft by the King of Communion plate and altar cloth, with a Bible and Books 
of Common Piayer for the Governor, the Lieutenant-Governor, the members of the 
'v!'T u ?" ""'^ ^'"^ •'^"'^^^"ff clergyman, hoping that the first Cathedral Church 
which had ever been erected in America would be gratified with marks of the royal 
favour and protection, hitherto bestowed on parish churches on their first establish- 
ment Almost by return mail, a despatch from the Colonial Secretary of 5th 
October, 1802, (Q. 89, p. 102) informed the Lieutenant-Governor that the King had 
been graciously pleased to comply with the request, and that the Treasury had been 
desired to take the necessary steps to have His Majesty's wishes carried out. In 
January, 1803, the Lieutenant-Governor acknowledged the receipt of the despatch 
and asked that a pulpit cloth might be added to the objects already specified, at the 
same time sending the dimensions of the various cloths asked for. Tn August 1804 
the gifts had not yet been received, and it was not till July, 1808, that a'letter' 
covering the invoices, was writton, stating that the packages containing the gift had 
been ordered to be sent to Portsmouth for shipment by the first ship of war sailing 
for Quebec. The invoice of Messrs. Rundell, Bridge & Rundell gives a complete 
description of the plate sent, but the date, not given in the invoices for the Prayer 
Hooks, &c., and for the altar and other cloths, gives an interesting view of the official 
delays .? the period. In October, 1802, the order was given to have the gift pre- 
pared. Messrs. Rundoll had their part of the order completed in February, 1803 not 
an undue delay, as will be seen by an examination of the description. In .Tnlv I'sns 
live years and rive months after the completion of the work, orders were given to 
send the packages to Portsmouth for shipment. On the 18th September 1809 
Governor Craig wrote that the gift had not been received and feared some accident 
had occasioned the extraordinary delay. Precisely when the delivery was made 



XXXll 



CANADIAN ARCHIVES. 



does not appear from the correspondence, but Mr. Barrow, Secretary to the Ad- 
miralty, wrote on the 18th December, 1809, to the Treasury, that Captain Heneker, 
of H. M. S. " Mermaid," had informed him that the plate for the Lord Bishop of 
Quebec had been delivered to him through the Governor-in-chief, when is not stated, 
but a reference to the log of the " Mermaid" among the Admiralty Papers in the 
Record Office shows that she had arrived at Quebec on the 2nd of November, 1809 
the inference being that the gift was delivered a day or two after her arrival, fully 
seven years having elapsed from the date the order was given. The invoice of 
Messrs. Eundell, Bridge & Rundell is in these words : 

"A rich chased service of Communion Plate for the Metropolitan Church nt 
" Quebec. 

" A very superb octagon salver with chased device, in the centre in high relief, 
" of the Lord's Supper, with Our Saviour A: (he twelve Apostles & the four Evan- 
''gelists chased out in compartments on the border, with elegant fluted antique 
" borders & ornaments with the Arms and Supporters of His Majesty and those of 
" the See. 

"A pair of superb Altar Candlesticks with rich chased device^i & cherub in the 
" corners, elegant large tripod feet with His .Majesty's Arms, the Arms of the See & 
" (Hories chased out in compartments, chased devices of Kams' heads & winged 
" Beasts' paws at the corners of the ba.-'e. 

" An elegant circular shaped Salver on chased foot, with Glory in centre chased 
" fluted borders and kneeling Cherubims at the sides, with the Arms of His Majesty 
" and those of the See. 

"2 large elegant chased Flaggons for Wine, with antique vine leaf borders & 
" Cherub handles, fluted ornaments of King's Arms, Glories &c. 

" 2 elegant antique Chalices with pattens for covers, vine leaf ornaments, chased 
" borders and Arms, Glories, &c. 

"A wainscot case to contain the whole partitioned and lined with white leather 
"Iron clamps to do, Brass name plate, &c." 

The altar cloths, &c,, were on an equally liberal scale, being all of crimson velvet 
and gold and no expense seems to have been spared for the Bibles and Prayer Books 
but no price is given in any of the invoices. 

On the 6th of Novombei-, 1802, a petition was pi'esented from " His Majesty's 
" faithful subjects of the Congregation of the Church of Scotland in the City of Que- 
bec," signed by the Rev. Alexander Spark, the minister, and by the members, to the 
number of 150, praying for a site for building a church and a grant of land for an 
endowment, the ground of the application being that they were " Members of and 
"united to the National Church of Scotland," and the petition concludes with the 
hope that His Majesty might consider a small portion of these waste lands properly 
bestowed, when granted for the maintenance of a branch of a National Church ac- 
knowledged and protected by His Majesty. In supporting the prayer of the petition, 
the same lino of policy, always held in view to make the Church of England the 
National Church of Canada again a])pear8. Sir Robert Milnes says : •' Permit mo to 
" add, that in my opinion the att'ording to the members of the Church of Scotland 
" the means of erecting a separate Place of Worship, will bo no obstacle to the gradual 
"and general conformity to the established Church, of which I expressed a hope in 
"a former dispatch, on the contrary it appears to mo that a rejection of their appli- 
" cation in this particular, might rather tend to strengthen their prejudices against 
•■'a union so much to bo desired." The memorial to the Lieut.-Governor, asking that 
the petition might be forwarded to the King, was signed by a Committee, described 
»H deputed by the Congregation of the Church of Scotland. A similar petition tor a 
site on which to build a Church for the Comjregation de Notre Dame was presented 



REPORT OF THE ARCHIVIST 

xxxm 
by Mgr Plessis. After some delay in conHequenco of difficulties arisin.. f.-.n, .k 
cho.ce of a nite within the walln, both petitions wore ^jrunteT the slt!!^. ^^^ ' 
on the land for.in, pa., of the .Tesnit'oolle.e ,rouj:t:^;p:::: ^^^^ 

In the Report for 1891 are some remarks, with a report on the subiect of th. 
nago laws of Upper Canada, in which there was only a brk,f 1^'' / u "''" 
pondence, but the documents calendared in thTs ^olLo g d^^ ^^ 

matters ,n Lower Canada, as viewed by the Anrrlican Rii 1 ,''^ ^^^"'''^ ^^ 
some remark. In his letter of the 24th of Ootobf 1804 h T' A'T '" ''" '"' 
.states, that to legalise certain marriages ce^^brated fnf n r 7^"^' "'^"'^^^^ 
ministers and jusUcos of the peace, t^bi^s we" . tr^.ue^^^^^^^ 

himself to give effect to these marriages, the other bv the Ch p • r r ^ 1' ''"' ^^ 
of Protestant dissenters professing tl^ ;ehgion of tL cLrcrofSatl^'V'^^'^' 

pp. 171 \c). Iho bill, as It was finally assented (o. is in the volume of fh?l .' 7' 
passed during the session of 1804. and may be compared whht 7, ^he Statutes 
introduced into the Legislative Council, whid, a re ro " J ^09 iT,? ''^^^ ^"'"^ 
The preamble to the bill introduce, bv th^rh .f 't f^ « ^^'''P'''*'^^'^^- 
scope and object. It is in these wol ^Vheret? he al^Io^s'^'f '"f^T' ''' 
" the established Church of one of the three kThTi. Vi ^^^"°^'^^"^' ^^^y law 

:; Mother country of this Provint:':d';:h\trir:e irbL'' ""'''^^S^T 
"jesty'ssubcctsresidentinthisProvinceandprofessin.,-fl,«ri ;"u ^'"^^^"• 

" should have the A,ll and free exercise a:d^:;^ZS '^■^r^:::f ^^;''^^"-;; 
pi-oceeds to enact that all restrictions now impLL on the m ni" 1 of hat of K 
concerning the celebration of marriaL^e and o her Por-I. .-n ^ ,/'^ "".^ "^^^ church 
removed. A substantive bill was .Iso ntro,l,!Lr • ""''^"'^ '^^""^^^ ^« 

Church of Scotland as an ostab;:;:;^:r ^nXi::;;:'^. t "t^ V'' 

that implied. A reference to the Journals of Assemb y for 04 wi '" il"':^' 
principle on which the bills of the Chief T,, Hn T ^^^ ^''"'''^ that the 

Assembly, but rejected by he Co , c 1 o. ihe ""T "™°'^ ^''*^^ '''^"P^*^*' ^y ^'^^ 
Bishop: ^oth tiese J. (t^.'^f ^ 2 r;;:^ ^^ Jc.:^ ^ 7 'r ''' 

" the Legislative Council the former of thosn u- oi '*""^ P''^""'' 

" which contained tc:nporary provisio fo the c. r """^ "" '"""''"^' '^'" '^"^ 

"parts of the Provi.^e, ^v^^ ^rJ^ ^^ ^l^i^ '^.^ -rru^e in certain 
'• Assembly, in opposition to the <lccision of t h^X^^^^^^ '"^^ 

;;into a declarato..y Act. and mutilated it f Cvty;h ^bT 1 V"^^ 
" went to legalise past marriages. The last was nurnnZk^^ .'' '"'" "^"*^ 

" impossible for the Legislative CouncU to Jon/^T^ ^ T '"'^'"^ '" '" ™"'^'« '^ 
" establishing the Cla.4 of s:t^:d ' , ^ ^T^^: ''"^ZT' ''"'''T ^'^'^'y 

;;istersoftheChurchScotlandhavebeonren.sed "iwieg :C:"n""^ 
juid many , housands of His Majosty. ..l^ects in t.i ne^t^S^^ r^;;";:^:?^ 
the means ot entering into the marriage state, unless thev tr-n o • !•! . ?V , °^ 
" almostan impracticable distance." IWond l^-ilisi J „ , f ' " ' ' ''"'' '°*''"'" 

by reference to the Act that no remedyC .;; ^ fnc^; " h'^; •'"'" '' """ 
celebration of marriages &c. continued'^to exis i A,, fore ^'^'^^'-^'-^ - the 



The want of clergymen of the Ciniirh of J 



the attention of the Bishop of Lincoln, who used 
tent men to supply that want, but with v( 
Canada, the Eishop of Quebec had little ho 



<:rigland in Upper Canad 



a enc 



very inditferont 



every exertion to obtain 



com 



;aged 
pe- 



suceess in England. I 



7a— 



po of a supply, few of those born there 



XXXIV 



CANADIAN ARCHIVES. 



he said, boing so educated aa to fit them for the office and still fewer of those who 
came to settle. Places of worship of the Church of England were few. A sum of 
c£l,000 sterling was granted by Parliament in 1795 and 1796 for the building of 
churches in Upper Canada, those were to be erected at Newark (Niagara), York 
(Toronto), Cornwall and Sandwich. 

The appropriations, stated in General Hunter's letter of 20ih May, 1802, wore 
for Sandwich £200, Niagara £100, York £300, New Johnntown £:iOO, and Cornwall 
£200, an addition, as will be observed, of New Johnstown to the tour previously 
mentioned. But up to that time only Sandwich had been in a position to draw the 
allowance of £200 and the £800 of a balance lapsed but was afterwards re- voted. 

Bishop Strachan tilled so important a place in Canadian politics that a notice of 
his tirst settlement in Upper Canada can scarcely be omitted. In a dispatch from 
General Hunter to Lord Hoburt dated at Quebec, the 4th of August, 1803, he writes; 
" I have appointed the Reverend John Strachan, who was lately ordained here by 
" the Lord Bishop of Quebec, to be the Kesident Minister of the Church of England 
*' at Cornwall, in the Eastern District of Upper Canada, in the room of the Reverend 
"James Sutherland Rudd, removed to a living in the Province of Lower Canada." 
(0. 296, p. 251.) 



In the report on Archives for 1890 (Note C) are copies of correspondence 
respecting the Fur Trade printed in full; this correspondence as that in reports of 
1886 and 1889 may be road in connection with the present remarks. The corres- 
pondence in the report for 1890 was brought down to 1785, although in previous 
reports information was given of events subsequent to that period, after the original 
associated partners had separated into two companies, known respectively as the 
N. W. and the X. Y. Company, a separation which took place in 1798, both companies 
being hostile to the Hudson's Bay Company as well as to each other. This state of 
hostility and the unregulated competition which prevailed led to acts of violence, 
attended with consequences which were of a lamentable nature. The condition of 
affairs in the North-West became, in fact, almost intolerable, so that shortly after the 
formation of the two independent companies efforts were made to bring about a 
re-union or to give such advantages to those who were prepared to join as would 
throw obstacles in the way of the others. In January, 1802, Sir Alexander Mac- 
kenzie who was in London for the prosecution of this object, laid proposals before 
Lord Hobart, the Colonial Secretary, for the establishment of a permanent fishery 
and trade in furs, &c., in the interior and on the West Coast of North America. In 
forwarding what he called "Preliminaries," Sir Alexander anticipated difficulties 
in bringing about the coalition of the two companies at Montreal. Those who 
declined to enter into the proposed company he sugg<' ted should be at liberty to do 
as they pleased, provided he obtained the licenses for 'arrying on the trade. In this 
way, he believed he could secure those whose personal exertions wore esf^ential, 
" indeed infinitely more essential than the capital of the others, since the former can 
" only be replaced by juniors successively growing up in tho service, during a period 
"of six to ten years, whereas the latter and any larger sum that may be found 
" necessary can he r.aised .at any time." (Q. 90, p. 37.) According to the prelimi- 
naries, it was proposed to form a supreme civil and military establishment on the 
island of Nootka, at King George's Sound, in latitude 50° north, with two subordi- 
nates, one in the River Columbia, latitude 46°, ihe other in Sea Otter Harbour, 



REPORT OF THE ARCHIVIST. XXXV 

latitude 55°. He proposed either a repeal of the Acts giving an exclusive right to 
th. East India and South Sea Companies of fishery, trade and navigation in the 
Pacific Ocean and on the West Coast of North America, or failing that to obtain 
irrevocable and unlimited licenses from these companies, to cany on trade and 
fishing, and to establish factories and agents in Canton or elsewhere for the sale or 
barter of their imports or exports. Further, a clause provided for obtaining a license 
of traffic from the Hudson Bay Company, with a right to the latter to have a mani- 
fest presented and examination made at the first port of entry within the limits of its 
jurisdiction, but not at any other station or trading post. Eeference has been made 
in the lieport on Archives for 1889 and some account will be found in it of the ostab- 
Ushment of trading posts on the Pacific for the prosecution of the fur trade with 
China, &c (Report 1889, p. xxxiv.) The project of establishing a communication 
between the Atlantic and Pacific had long been a favourite idea with Sir Alexander 
Mackenzie, as. shown in his account of his voyage to the Frozen Ocean and other 
publications and documents. It may not, therefore, be without interest to quote in 
full (he fourth clause of the "Preliminaries," with the observations on that clause 
He desires Grovernment to constrain the Hudson's Bay Company:— 

in tIT*" ^"'''? *^.f *" "^'^"««^,. to ^ company of British merchants, to be established 
in London under the name of " The Fishery and Fur Company,"' which com mnv 
for the purpose of combining the Fishery, in the Pacific w th the Fur trade™* tZ 
Interior from the East to the West Coasts of the Continent of North Amerca 
would at once equ.ping (equip) whalers in England, and by means ot tl e estab ilh 
mens already made and in activity at Montreal on the East and advanced pSts and 
Trad ng Houses in the Interior towards the West Coast to which they mlht extend 
11 and where other establishments to be made at King George Sound No- £ Ishu d 

rs'el ntf P.T'f "" °^ '}' ^T'""' Government and on\hr R ver C? umb a a.d 
a Sea Otter Harbour under the pro-ection of the subordinate Governments of these 

ftn;.l!7"^°«'"\''"'^''*^''!''^^ ^"•^'""'^'■^>^' communication through the Contnent 
of North America between the Atlantic and Pacific Oceans to the incalcuhiWe aivan 

&ZrZ'\T-r- b^^'^^f the Pacific Fishery of Ameril'' Td wt'nFT; 
T.ade of Great Britain, in part directly and in part indirectly, through the channel 
of the possessions and factories of the East India Oomnanv n Chim I? u hn" 
perfectly understood that none of these maritime or a"';s".Sm';ns' halT g 

limits ol ti.e United States of North America or of the Hudson's Bay Company " 

The observations on articles three and four need not be given in full- the 
principal parts may however, be quoted. In reference to the demand for licens'e for 
tiaffic, to be granted by the Hudson's Bay Company, the proposal states the reason : 
roIom?.'M ^'uT^ ^^'""^ *h^ ""'^'"t of transit between the Mother Countrv and her 
Lither MnTf ^V *'''" ^'''^'' '^^''''''y ""^ Colonies, is an attribute of Sovereignty 

in his observations on article 4, Sir Alexander says • 

can Z'TirXrTl^XTo'^^^^^^^^ ,'" ^^« ^-'^^ Ameri- 

tions. no less hazardn.,« H,«n i„'h ■ ^ e^n'puscd of men, who by personal exer- 
extension ^it intoforL ''^'"'"«"« «"d persevering, have contributed to the 
ex end it ti fV„ P ^%'"«''>' unknown parts; and who, if not the only men able to 
to ul;'ake li: ^'"'" ''' ""' ''"'' '^' ""''' '"^^'^ to succeed, as the^bes^qLlffied 
7a— cj 



XXXVl 



CANADUN ARCHIVES. 



1,1,' 

hi 



Vi 



i^ 



" These companies have not heretofore hud an idea of embarking in the Pacific 
Fishery, but if ihey should succoed in combining tlio i<'ur Trade of the Kimi with 
that ol' West, they would find it iiigidy benericial to combine the latter, if not both 
with the Whale Fishery," &c. 

Sir Alexander Macken/io did not, however, succeed in forming his company. 

On the 25th of October, 1802, be wrote to Mr. Sullivan, evidently smarting 
under a sense of disappointment that his exertions had been fruitless. The papers 
he sent would, he said, show that he had not succeeded, as also the improbability of 
his being able to succeed in bringing about the union of the two fur companies, 
recommended by Loid llobart as the tirst stej) towanr . ;omplisbment of his 
favourite project. " Without the aid of (fovornment by ^, g the licences to one 

" of the contending Parties, with the condition that the oli.j r Party should have the 
"option of sharing, ii\ the proportion of the Trade t'ley might then be carrying on 
" to that part of llis Majesty's Dominions, 1 see no means of bringing about a coali- 
"tion for .several years to come by which time the trade may be reduced, if not 
" ruined, and the opportunity of making the Western establishment lost perhaps for 
" ever." 

In a letter addressed to Mr. Ryland, the Lieutenant-Covornor's secretary, by 
Mr. Richardson (of Messrs. Forsyth, Richardson & Co.), dated the 2lst of October, 
the relation of hostility between the two companies is clearly stated. The new com- 
pany (popularly known as the X. V. Company) was viewed' he says, by the old (the 
North West Company) with a jealousy and rancour improper in the subjects of the 
same Empire. He complains that among the means employed to give effect to these 
feelings, is (he false and malicious impression tlioy have made on the minds of the 
Indians, by which the lives of their associates, clerks and servants and the safety of 
their property were endangered. The Indians, he continues, bad been incited to 
commit pillage and to tire upon the canoes of the new company ; clerks were enticed 
away and then used to impose upon others ; resistance to pillage led to fatal eifocts 
of which an instance is given and a continuance of such a state of alfairs, he held, 
must lead to the most lamentable consequences. There is no desire expressed for a 
coalition of the two companies but, although not delinitely stated, there is no reason 
to doubt, from the tone of the letter that the greatest repugnance was felt to the 
adoption of such a measure. 

The dissensions between the two companies do not appear, in the beginning at 
least, to have had a prejudicial etlect on the traffic, for on the 30th October, 1802, 
Milnes in a dispatch to Lord llobart gives an account of the flourishing state of the 
fur trade, so far, lie says, from diminishing it appears to increase, new tracts of 
country have been visited by the merchants employed in this fiafiic, which have 
furnished new sources of supply, a large proportion of the fui's taken in the North 
West being brought to Quebec for shipment. The dispatch (No. :Vd) gives a large 
amount of information on the state of the fur trade under the French government 
and from the Conquest to the date on which it was written and may be referred to 
with advantage by any who are directing their attention to this sul ^rt ((^. 89, p. 
144). The tables enclosed in the dispatch show, first, the names and numbers of the 
posts occupied in the Indian country (exclusive of the King's posts), the number of 
partners, clerks and men employed, the latitude and longitude of each post being 
also given. The grand total shows that there were 117 posts, 20 partners, IGl clerks 
and interpreters, 877 common men, in all of a permanent staff 1058 men, thus divided, 



REPORT OF THE ARCHIVIST. ' XXXvii 

95 in the territory of the United States from the south side of Lake Superior to the 
division of the waters failing into tho MiNsissi|)pi on the one side and Hudson's Bay 
on tlio other ; 7(i on tho waters falling into tho St. Lawrence from the Kaministiquia, 
and also from tho St. Maurice; (.80 on tho waters falling into llulson's Hay, and 
2r)7 on tho waters tiilling into the North Sea by tho Mackenzie river. Besides those 
there were 80 or 100 Canadians and Iroquois hunters, not servants, ranging free 
over tho country and about 540 men employed in canoes on the Ottawa river. Tho 
average duties paid annually on landing in Britain amounted to upwards of £22,000 
sterling and the i)rico paid for tho tiirs exported from Quebec in 1801, at the London 
sales, was £371,1:50.11.4. 

The despatch was received on iho 29lh November, and on tho 15th of December 
tho Colonial Secretary desired Lieutonant-Govornor Milnes to give early considera- 
tion to the subject of establishing a chartered company, and to communicate Ids 
ideas fully thereon (Q.8i), p. 178.) In Septomboi-, 180;!.Sir KohortMilnes forwarded 
to Ml-. Sullivan, TTndoi' Secreta-y, a statement by the North West Company, showing 
the groat exertion the company had made to open up new means of communication. 
The letter is calendared at some length and the important part of the company's 
memorandum given in full, so that it is oidy necessary to refer to them (Q !)2 
])i). 283 and 280.) " ' ^ <■ > 

The table, of which an abstract has been given, shows that in the territory of 
the United ^' ites !),) permanent men were employed by the North West Company. 
In order to put a stop to this trade the Superintendoht of Indian Affairs for Upper 
Louisiana issued a proelamiition on the 25th of August, 1805, forbidding tho entry of 
traders or others into the iiiver Missouri, not being citizens of tl'o United SlatJs of 
America, imposing the obligation on all British traders of abjuring their allegiance 
or to be exchulod from tlio trade, and they wore apprehensive that the same measure 
would be adopte.l to put a stop lo the whole trade west of I be Mississippi, which 
would ruin them. They complained si ill more that the proclamation was issued at 
the very time they had arrived at St. Louis, after having paid the duties at Michili- 
makinalc, the frontier post, and that no warning of such restraint was given, tbe re- 
striction being practically a confiscation of ihoir goods. Even transit was virtually 
prohibited to the trailing grounds, as tho canoemon, engaged to transport the mer- 
chandise, would not bo allowed to navigate the river, so that other men, citizens of 
the United Slates, must be employed ata ruinous cost. The proclamation th.-y bold 
to bo a violation of the Treaty of amity, between Great Britain and the United 
.Slates, and Mr. J'resident Dunn in forwarding the complaint to .Mr. Merry the 
British Minister .'lenipotentiary at Washington, took tho same view of tho stop as 
being a violation of the third article of the Treaty of 17!>4, and particularlv of the 
stipulations of the explanatory article of 4lh .May, 171)(i. These stipulations are well 
known, but the evidence of the two articles referred to as bearing on the complaints 
o the traders should be considered side by side with their argument for entire 
liberty ol trade with tho Indians. The words ot the memorial from the traders are : 
" That by said treaty " (of amity and commerce), "tho trade with the Indians 
wi bin the territory of Great Britain and the United' States respoctivoy i de la 
be open and free to the subject, an 1 citizens of their respocf ive Govei-nme.is • nd 
no distinction whatever is made, because of the allegiance which such suC'ts ■ d 
citizens owe and ought to bear to their particular (iovernmonts " ^ 

it sho^iH T'u 'f''^'f'^' ''-'''y «♦■ '^''* ^'-^'^-' '"^ J^'y's Treaty), provided that 
It should at all tunes be free to His Majesty's subjects, to the citizens of the United 



zxxviii 



CANADIAN ARCHIVES. 



States and to the Indians dwelling on either side of the boundary lino, to pass and 
repasH by land or inland navigation into the respective countrion of the two nations 
(the Hudson's Bay territory being excepted) to navigate the lakes, &c., and "freely 
to cany on corT^mcrce with each other." 

The treaty concluded by Pickering with the Indians in 17!»5, provided that no 
person .diould be permitted to reside as a trader at any of the towns or hunting 
campH of the tribes with whom the treaty was made, who is not furnished with a 
license for that purpose under the authority of the United States. This stipulation 
excited doubts whether in its opomtion it might not interfere with the execution of 
the third article of the treaty concluded a year previous, and to remove these doubts 
the explanatory ariicle was added to that treaty. The article, after the formal in- 
troduction as to motive, \c., sots out that the Commissioners apj.ointed to settle its 
terms "do by those presents explicitly agree and declare: 

" That no stipulations in any treaty subsequently concluded by cither of the con- 
tracting par les with any other state or nation, or with any Indian tribe, can bo un- 
derstood to derogate in any manner from the rights of free intercourse and com- 
merce secured by the aforesaid third article of the Treaty of amity, commerce and 
nav.ga .on to the subjects of llis Majesty and to the citizens of the United States 
and to the Indians dwelling on either side of the bouiKiary lino aforesaid, but that 
the said persons eball remain at full liberty freely to pass and repass by land or 
inland navigation, into the respective territories and countries of [he contracting 
parties on either side of the said boundary line, and freely to carry on trade and 
commerce WMth each other, according to the stipulations of the said third article of 
the treaty of am;ty, commerce and navigation." 

A comparison of the claims of the traders with the terms of the treaty will en- 
able a judgment to be formed of the Justice or otherwise of their representation. 
Mr. President Dunn transmitted the complaint to Mr. Merry, the Minister Plenipo- 
tentiary, but informed the Colonial Secretary, to whom he had sent a copy of this 
letter and of the memorial, that it did not appear that the Indian Superintendent 
(Wilkinson) was acting under the directions of the United States Government On 
the 20lh of February. 180G, the Lords of Trade addressed a note to Sir George Shee, 
Under Secretary, to know what representations had been made by the Lieutenant- 
Governor to the Secretary of State on the subject of the complaint by the traders, 
but so far as the documents calendared in this report extend, there is no record of 
the result of the representation made by the merchants. Mr. fnglis, a Canadian 
merchant in L.mdon, antici])ated, however, that the Government of the United States 
would justify the procedure by alleging that the district in question was not their 
territocy when the treaty was made. 

The want of jurisdiction in the Indian Country, as the territory was called which 
was the scone of the operations of the fur traders, allowed crime to iro unpunished, 
and numerous representations were made in respect to the evils of this practical 
immunity from punishment. In Sir Alexander Mackenzie's letter of the 25th of 
October, 1802, he says, in view of the improbability of the two companies amalga- 
mating, that as speedily as possible, a jurisdiction should be established to prevent 
the contending fur companies from abusing the power either might possess, so as to 
secure to each the fruits of fair, honest and industrious exertion ; it would also, he 
believed, tend to put a stop to tho. iiK-re-ising animosity between the two compan'ies. 
Mr. Richardson, of the other company, also pressed for the establishment of a com- 
petent jurisdiction and instanced the case of one of the clerks in his company who 
had killed a clerk i the other in defending the property in his care. The young 



M 



UEPOUT OP THE AECHIVrsT. xxxix 

miin had como to Montmil to bo trioci, but thoro being no juiisdiclion there for such 
trial, " he remains in the doplorablo predicament that noithor hiH innocence nor his 
" guilt can bo loi,'aliy ascertained." lie aUo proposed that a military post sliould bo 
ostablishe.l at Thunder Bay, on Lake Superior, as an additional means of securing 
peace. 

The Grand Juries of Quebec and Montreal had repeatedly called attention to Kie 
want of jurisdiction ; as they are all substantially to the same otfoct, it is HUt.I-ient 
to quote that made by the Grand Jury of Montreal in tho Session of 180J. [n this 
the number of people from tho Canadas, chiefly from Lower Canada, was urged as 
one ro'ason for e^tablislling in the Indian Country a court of competent jurisdiction 
for tho trial of olFeiices committed in these territoi'ios, including Hudson's Bay. The 
presentment states, that in these territories " there does not exist a tribunal for tho 
"cognizance of crimes or criminalolfoncos and consequently no accusations for offences 
" of that nature committed therein, either ijy persons from IhoCanadasor otherwise; 
"tho ofiencos (for the want of such a Tribunal) cannot be tried in the Territory 
"where the facts were committed, nor are they cognizable in either of the Canadas, 
'•although immediately adjoining thereto, from the operation of tho general piinci- 
"ple of Hnglish jurisprudonco that criminal otfences which shall have happened 
"bef/ond their limits, cannot be enquired into by any Tribunal within such limits; 
"consc(iuently iuHuch cases no remedy appears to exist but such as is applicable 
" under tho special statute of the 33rd Henry 8th, chap. 4, by the issuing of a special 
1^ commission in England by His Majesty, whore alo.io tho facts can be legally en- 
" quired into and decided upon by a competent Court and Jury." No jiuisdiction, 
or one so distant as to be practically inaccessible, he held, had been a great incite- 
ment to crime, whilst on the other hand innocent men might bo unjustly accused 
without any means of vindicating their character. These points are enlarged on 
and the conclusion arrived at that courts of competent jurisdiction for the trial of 
offences committed in the Indian Country should be established in tho Canadas 
(Q. 298, p. 239.) 

Sir Eobert Milnes in bis letter of 30th October, 1802, (Q. 89, p. 144), strongly 
supported the representation of the Grand Jury, and added that 

" Under such circumstances ovoiy species of offence is to be apprehended from 
Irespasse to Murdei- and also that tho national chai'acter of the Knglish will be de- 
based among the Indians, and that the numerous tribes of those peoplo will in con- 
sequence thereof bo more easily wrought upon by foreign emissaries employed by 
the Lnemies ot Great Britain." (^Seo also Q. 89, p. 1(J2.) 

In consequence of those representations Loi'd Hobart in his despatch uf Ist 
December, 1802, (No. 13, Q. 89, p. 170) promised that immediate steps should be 
taken 1,0 remedy tho existing state of affairs, but Milnes became impatient or a 
decision as, writing in September, 1803, to the Under Secretary, he reminded him of 
the promise, the groat increase and extent of tho fur trade rendering such an Act 
daily more necessary. (Q. 92, p. 283.) The Act to give jurisdiction to the Courts 
of Upper and Lower Canada had, however, been assented to on the 11th of the pre- 
ceding month (llth August. 1803, 43 George III., Cap. 138) and under it several 
cases were tried. Tho preamble stated that crimes and offences had been committed 
in tne Indian territories, &c., and that from the want of jurisdiction in any of tho 
Provinces " gi lat crimes and offences have gone and may hoieaftcr go unpunished 
" and greatly increase," the enacting clause being tho offences committed in these 



xl 



CANADIAN AIUMIIVKS. 



l-an ula l„ ,1,. .onrs.. .,( a Iwi,.,- l,y Mr. (;.,lt,„uM Corwanlin^ 1, L ,, -t ,„, (he 

nbu.os iho dmstor. in (ho ,on.i,<.ri<,s „, ,ho llu,l,s..nH Hay (;on.,a„y ha vin.; h I 1 

l.oya....o„Hr„h. „.JuriH,li..,ion an.l that, this ..o^loot was .1. reason . Wp 1 ! 

-A., .;us, ,..oUHi. ,Tlu, whoh. of Mr. Oolt.nan's r.,,or., is in q. If. .tec ' 

■tl...orr..s,,ondo,K.of.llin.cM.,irHy.ha,vohMno.) I.olu.ts havi../h.... rais". o 

• H« powers o ,ho Cour.s n„.!or ,ho A., -iii ,ioor,o 11,.,,. rur.hor A.t to Zl tl 

Ch w^ri;;;. ;;■ •'n'^i "''•,/• 'v-' ^ ^'-'•^'^ '^•- ^'»"- "•^•) '•'•- -io;:'';,; 

diso ,.:."''' '^ '^'''' '"'"'"'">' '""'^ I'"''-' ■■^'""" tl'iH li.no an.l (h. 
Ko..osar.s>nKln.n.,h..,rc.on.po.ilio„ ...aso.l. i.nt ,hoso ovou.s holon,. ,o a ht.or 
poriotl Ihan Ihal now nndrr roMsidoralion. ^ 



ThotransCor or, ho control of tho Indian IVpartnuMUfVom the .niiitarv to th. 

c.v. aut or.ty nu.sed a < sido,-al.U, an.onnt of n!- ,,. U,,,,,, (.^H , 

.n^.oalotU.r fVouUI. W. Hyiand, th. Indian Dopartnu-nt w !, at tha la, . 

""";»T, IS0,.,Q.sr,,p.;{2S,,.„,i...|y nndor the control and n ana^cn... o 

;-"--;'-< "v-nor, bn. in L ,wcr (,'anada was .ntir.lv nnd.-r .h. diro, n f 

;::r :";r'"' - ...h .>.U.at ^aior l».schand.anl, had I n disnuss.;, ll 

. ,h s .s,.por.n,ond..nt o In.han Affairs, bocauso ho had l,.H,n appoin,od a Pro- 
oi ro' l"r'" 1 7': ""• — -M>l.>y.n.nts won- p.rh....ly .'.npatil.lo, and 
•'" <" -^M .ntho Canadian Volnn.cors had boon appointed, whoso roKin,onlaI dutios 
-ntluMod w.th thoso in ,ho huian Dopartmont. This sta'to of ,hin,: w I .w v • 
d.:u.,o shortly atter, i„s,nn.,ions havin, boon sent in .Inly ,ha, \C civil .ovor.;.;,: 

;;; Vrtr 7 ''?"'''f'" '"''"'''''' ^'''''''■^'•' •^"^^■-' *'""-'" ''« -- «'H' 

. Ko o |,e,a .on n> tho payn.onts nocossa>-y in tho a,lrninis,ration of ,ho -lopart- 
••'-<. 'l.at >s, ha. thoso should l,o n,ado tn.n. tho militarv ohos,. ..'onoral Iluntor 

h^r ';''l ''r^:- "^'^V'" " '^'^^^ view, holdin, -that boas ConnnanU !• : 

do .3 1 on. tho o.v.l rovonuos. .icnoral Ilnntor a, tho san>o tin.o ro.nsod u. 

M nc. olodon tho.nstrncl.onsson. to Pro.cott ^vbon tho mana^onu-n, was trann- 

"addr '7' P"'""'^''''"'' "' ^'''"^"-^ •'"-'". '•"• llun.oransworod ,InU thoso 

no addiossed to Proscott as (;..vornor.(lonoral of Hritisb North America and 

tboreforo, did not ap|)lv to him (O S", ., '>.>,\ nur .■ • " "' '"'"' 

' '.l'-\' '""• W^J, p. -'24.) Bitloroncosol opinion also arose 

.s to tho patronage u, the dopartn>ont, tho Duke of Kent having |...i,| ehUin to tho 

power o :>Ppouu,nent, both in Lower and Upper (Canada. On the 2.rd Fobrnarj^ 

d,.;^;.d ; r'V""""' ^'•- ^^-'""T. iu" l.ad appointed Lieut. -Colo.iol Les! 

1 ambadt, then dep-.ty supenntendon, of tho Abenaki and St. Fran,oiH Indians ,o 

bo depnty a,en^ or ndian Atfairs in Lower Canada, Major de Salaborry to succe d 

^;r,^t!:'::';::;;';.. ^"^I^"- '7'^-' .. C^>n.nandorin-chio,,bii that th^ 

ntnient he 



nia 



e of Major do Salaborry was that whicli I 



appoi 



shod 



for tho f=anie office 



i", so that an i 



m mediate contlict of cl 



'lad actually boon made by Milnes 



iiinis was avoided. Hut Sir 



UEI'OKT III' TIIK AlinilVIHT. 



Xll 



!J..jH.r. poiMiHoul at .1.0 na ,i,no (ho proju.lioo that, ,„i«l.(, havo arin.,,, .o [.iout- 

"loMol I OH., .a.n ,au .V in.oroHt.. I.a,l the I)u1<„'h olaim l.oon osf.ubliHl.o.l l-oli.,; 
Hn..(l.orH.tuHt,.,m ha.l L.-on tuin.l tW Iho ihniM,l,o,.(, -f (|,o odiro i„ ,|u,.Hti..n 

Tho Duko lui.l a .....ro pr.,M.,un..o.i -linpulo will, (ion.^ml llunto.-, .oHpcCin-' tl.o 

T:TV' ;! ''"""""^' '" "'" '""••" "' '*"•"">' «-'i--iM,;,n.io,',, (io?.o :, 

" l..ianA.lanH(or |Ippo,-a„.l I.-w. r Cana.ia. (Vom wl.i.l. l.o was Hnpornclo,! hy 
..•Mora I u,..or, an dovon.-.r. In I71):f .ho Duko of Kon, |.,..| appuin.o.l CM 

;:'"• <"»vo.-Mnr lluM.o.-, in .oply in Doc-ornbor ... ,|.o n.,.ifica.,ion of Iho app„i... nont 
'onno,ltl.o i.nl<o.ha. the ..nnoval uf ( ;,.p,ain Clans an.l .ho appoin„„on.'. f C.L.n 
<""".lly wonl.l ho highly projn.lioial ,„ His MajOHly's sorl.L (i) ''HI-] p "I 
H..d at .1.0 san.o tin.e wmto I,, iho Duico,,.' I'.w.lun.l.'praotioullv Ma.in;;. .hat llo wo".l.l' 
not roc„.rn,x,o (,onn,.||y an.l ha.l .on. his ..r.lorH .0 Sir J,.hn .Iohns„n ... that ofJeot On 
fhoso >oproHonlat..,ns.ho huko-.f V„rk wn.lo to tl.o i»ui<o..r Font .„ ..an(.ol(;.,nn.;ilv'H 
..pp.Mn.,mc,.. whioh was aocunlin.ly .|,.„o, M,u..h ... tho -lisp.'.-asuiv ..f ,ho DukooC 
.who H ,11 .na.n.a.no. his ,.i«ht .0 ,ho pa.n.na,.., l.nt finally M.o clain. wan 
oo,,,,.,, ,„„„„„„,,„..,„_„,,,,^,, ,^^^^.^,^ ,^^^^^_^ ^j^^^_ whon.hoc,.,.n n.l was taken 

''•""• <Ih' rnihlary an.l v.3s(o.l in .ho civil an.h...ily. 

a,^g va....l l,y,ho,.,easn.nal ol.ull,.|,.ns ui .I..M.ph iiranl, who whon nn.lor tho in- 
Ono f .1 '"'""'• ''""V";'"!'!-'"' "> I'Hvo 1,00.. Knar.io,l in ,h.. .„no ..f his lan-n-a-M,. 

nvo, r'n^T" '";''" "'"^ 
m.0^,. ,..nt at ,h„ .„sp.n.. ha.l on.lo.l, an.l ,ha, ,ho oxprossionn ....n.plaino.l of 

, .r n ■ ■ ^l"*' i ' ''•."' ■'"■'' •"'"■" ^"'•'""-^-•- tl-<'l"i-Ms.,.thoso .r.hos ... .ii,s. 

1. , i . ''.r '■•";;'^";"""" ;■":"'•"'. -"' " ^^as ..nlyyioMIn, ... thoi.. wishesand whiUt 

'iM,lu«,l,o,a, ,..,.,, ,u..ns that tho lan.ls ,..„s, l.o trunsforrod ,i..st t.. tho 

.: "' " .^'"'° """^ '" "'" •""•■^'"'-'•^ ^■'•"■" "-■ '-'i-- -ith..u. 

•Tv 1 '"r,.T '""'''''';''"'• '""^ ""•'^■'' ""^ '^^"'"' ""'"I '"> casoswhi..!. 

" V fa V In : '"" '",-'''^"^!; ;"• >'-'-"'•■'' ^-^ '- ^--e.!, I>y or nn.lor tho author- 
^^i<>i .11,3 In.han Naf.m w,li ho adn.illod or alL.woJ ol." (Q. 2!)8. p. 1 1.) 

Tho (;,andl{ivo,[n.iia.,shoini,..i,ssatisfiod with tho stato ..C th.ir atlairs the 

s, 1 ;., ; ' '""'T ''" ^•"•••'""■^•"-'- J"^' .^tatod. K,.o„, this i, appoars that 
obl.XH.'';7"^ '■"■"""' ""' "" -^"■•'^y^i- •or.hon.i.iimlntof tho 
.'.-,. mist each of ihon, ... ont,.roo iho oonditions containod in iho ^^,,,,,1 Tho letter 

op 1,1 ,';^ ""''T- ■". "'" '•' ^"^l--''^'"-I— U> L.>ni Camden, us tht 

S : : : ^:;:;;! !r ''-!:-'"':-• Nor.on pr..sentod a .non,oria, i Lord 



lands will 



dinirly, which af'lor Bottin<r „nt thi 



linuew: 
" mudo 



liii Iho li 
In 11 



irsorvifosand thefWii 



cidiro of ihulr 



mi ts assigned to tho United .States by tho treaty of 1783 



MM Hitiiation Capt. Hrant and ... her chiefs and 



con- 



pplication for a iriant within .ho British 1 



wari-iorsof thoSixNatio 



Excellency the late ( 



roviiico of I'pper Cana.la, and 11 



ns 
is 



renerul ilaldin.and granted to them and their posterity the Grand 



zlii 



CANADIAN ARCiriVKS. 



Uivoror OuHo from iU Honrco to iiH entry intc I.nlto K.io, oxton.linK «ix "lilos on onch 
''^ Hi.looUho nvorand forn»inKiiH|mcoof liimlalK.uta Imndroil milenin lonKll, \,y twelve 
" in hroadlli." Tho niomorial conlinuos, il.at on th« o»*tul.liHhmont of oivil ffovorn- 
monl whon.looilH woro isHHod to ll.o loyali«lH, Uiant and ..tlu-r chiofH iippli,.,! C.r 
tho Hiimo. but tho dood waH ho liniilod that Ihi-y doclinod to acropl it. Complaint Ih 
mado that (ho lamln tianforrcd to (Jovornmcnt with tho oxproHH condition of hoinir 
KTuntod to tho purchaHoi-H from tho Indi-uiH woro Htill rolainod and that tho tril.oH 
aro not allowed to loano thoir lands, a porniiN.sio,, which would ho a «roat honofit to 
thomoro in.lusirioii.samon^'thom.and tho ro.juoHt was tna.lothat thoyshould hooon- 
flrnu-d ,n p,.ssossion of tho land aooordin.ir t.. tho original ^rant. An imp..rtant 
oiauNool tho memorial may ho ([iiotoil in full: 

" Woro oyory triho and fumily to havo thoir several portions contirmod to thorn 
thoro IS not the smallest doi.hl, that tho major part of (ho Six Nath.ns, more (hail 
ono-hall o( whom romam within the Amorican lino, would soon roml.v,, to thoir 
Molhron n..w in the Mritish territory, which can ho ."xpcctcd fron. tho present 
iinsotdod and undecided nadiro of tl-oir frraiK, and pusso^ision." 

The sul.joct was rofcirod to llunlor for a report, hut tho answer deals only with 
(ho lands sol.l l.y Kussoli. referonoo to which has already heon mado. (Q. 21>1», pp. 
140 to 1 (;,{.) Nor(on was advised to leave London and (ho matter would heattoiided 
(o, 1)U( he de.dined on various .^rounds, (ho chief hein- (hat ho was unwilling (o 
return until some settlement had Loom made, lie was thus enabled to present 
"•'.Xhor memorial (o (he I'rivy Council in Soptomher. to which roforonco may ho 
made (Q 2!t!), p. ;{L'!), see als.. letter to Lord Camdon, p. ;{;{(;). !„ May, 1805, Norton 
was still in London i)rossin- the claims of tho 8ix Nations, and had been advised to 
bring (ho case before i'arliamoni, bu( eaj^er as ho was "(o promote the k<'<>«I "f my 
country," ho did not wish his if,Miorant zeal to lead him into irrc^'ularities. {q.Mm, 
p. !»5). By the ond of May, Norton appears to hav," iriv..|, up hope of an early 
Hottlomont aiKl proposed t<. return «. Oana.la. In his letter statin- this p.oposal 
Norton enclosed an extract from a letter of I). W.Smith tho Survoyor-tlonoral! 
which IS rather vanue, the jj;rant he says, as well as he could recollect, was to be six 
miles on each side of the Grand Itivor, " and (o prevent too much intricacy by the 
" windings of (he river, a irenoral course was agreed upon by tho Indians at tho old 
'• land board.' (Q. 30.!, p. 104). On (he 22nd ot . uno following, Norton wrote again 
to Mr. Cooke, rnder Secretary, stating that Lord Dorchester bad expressed himself 
in these terms: -That shoul.l it be necessary for the satisfaction of tho Five Nations 
"thattho terms of their grant from Sir Frederick Jlaldimand bo enlarged, His 
l^iordship would readily concu.-, but not to have (hem cur(ailed on any account 
II wh...uver, (hat ho saw no reason why (he Five Nations on tho Grand J{ivcr should 
I' not have (ho same right to lease their lands and receive (enants thoreon as the 
" people of Caughnawaga and Lake of Two Mountains." Li the meantime advices 
were received from Ui)por Canada, that (he Indians had disavowed Norton's pro- 
ceedings and had signed documen(s (hat they were satisfied. These declarations ho 
alleged to have ob(ained by unfair means and (uKered in(o a long and elaborate 
statement on tho subject, (o which i( appears to be onlv necessary to refer (Q 30;{ 
p. 125). " V c , 

On the 14(1, of March. 18U(5. Chief .Tns(ice Allcock, in a letter to Sir George 
Shce, gives his opinion on tho rights of tho Indians over the lands on the Grand 
River, which sots out (he case clearly from his point of view, and to which reference 
should bo made, the Chief Justice having been Chairman of the Executive Council 



HKI'ORT Ot' THE AKOIIIVIST. 



zliii 



by which tho cuHo waH conHulorod. His beiiof, which ho hriofly ntatoH, tnuy ho «ivon 
in hlK own wonlH. After HtutinK that ho h.i.lcurornllyoxamino.l all tho documontH to 
bo (oun.lon Iho Huhjo.-t un.i had «ivon it hin most.joliljorato roriHidoiation, h« Mayn •— 
"I havoModilH.MiUyin hrinKinK my own mimi to tho .onolMMion' that thoso 
amiH had ho.-n not apart hy (..vornn.ont as Hu,.ti..K(Jn„u.dK for tho I „lia„H with 
ho lulloHt hhorly also to cuitiyalo and uko any part of thorn at thoir pioaHuroT, 
that tho (.ovornmon stood uiodKod not to «rant th.so hu..is to any o hor norn « 
<.r porm.t any act to l)o dono l.y which Ih.- Indians could l.o dista.hcd in tl o m io 
poHsoHH.on ol tluH h.r«o tra.^toe land, or suUVr any ofthc whi.o people (as tho Ind'i urn 
call thon, to hroak „. upon then. At tho satno time I concoivod no ,„•. had 1 o ' 
dono on tho part ot tho ( rown, which co„ld ho construed to i„vcst tho Indians wTth 
any power to loasc those lands, „un-h less to sell tho inlnwitanoc." 

JFo thon gives un account of tho causes which led to (Jovurnmcnt cnsontiriLr to 
Boll porti<.ns of tho land.; that tho price shoidd bo soc-nod hy m.>rtKago with 
iniorcst at six per cent to ho distributo.1 annually amon^r i|,e l„,lia„H und tho money 
arising from this interest was invested in tho three per cent eon,so|„ fo,- their honefit 
tho hrst .nvestn.ent amo.n.ling to ,C!>,24t T.s. Ud. Jteleronce may bo made to the 
Minutes ot Cuncil of i:ilh Au-ust, 18()(; (q. :m, ,,p. 2;-i2, 255) which contain an 
account by (JIaus of (he proeeodin.^rs of a (-ouneil hdd hy the Six Nations and report 
on the same by tho Hxecutive Council. An examination of the calendar of volumes 
J. dO!) and ;n(», will enable tho iiupiirer at once to obtain tho documents which give 
the information respecting the demands of the Indians, no settlement of whidi is 
shown in the papers now calendared. 

The purchase of land belonging to the Missisauga Indians, between tho town- 
Hhip of iMohicok,. and Burlington May incidentallv throws light on the diflicultios of 
communication in the I'rovin<.e in the early years of this century. The tract it 
ways t.matod co.itained .bout 70,000 acres, subsequently ascertained to cont.-iin 
upwanis of 8(),00<. acres. The possession of this land was found necessary " not 
only for the maUing of roads, hut <iuring part of ,he year for having any commu- 
nication between the seat of (iovernment and the western parts <,f the IVovinco ' 
Ihe sum agreed on for tho purchase was .ei,0()0 currency, but Mr. President (irant 
.ecommended it to be increased to Cl.TOt. for the reasons stated in his letter (Q. 303 
nn :^8 Ji;« I':;?'""'""' "^''•^■«»n'"M'"iian ('ouncils, .^c, are in the same volume,' 
pp. 38 to 5b. Ihe reeommen.lation to pay the additional ,1700 was approved of 
^d earned into effect during Gore's administration. 

The policy of attaching the seigniors to the British Government by civil appoint- 
ment, had been urged by successive Governors, and a certain portion of the members 
t eFr rP ^ " .r"'""'^'"" ^hebegi„ningof British rule allotted to 
en-L r ?;' '"^ " '"^ "''" ^''*^»'^"'^''«'' '^ f'^«^ ='•■ to require only to bo re- 

bw Id the n '"""'^."«"" h"'^ "^'^^ «-"-' - the army, but these were very 
ow and the pecuniary circumstances of the seigniors were not nuch as to enable 
them o expend the anu,unt necessary to purchase commissions and to make suit- 

D. rr:r '"■ ^'"'" ""'"- :'" '^"^ "*■ ^^ J"--- "«--•- ^oing by no means equal L 
keeping up the appearance deemed requisite whilst associating with hi« b other 
ofticors A .luotation from the letter of Sir Kobert Milnes (tj. 89 p 172) d-itod on 

interest, as gives a glimpse of the services of a family, one of whose members 
gained so bnlhant a victory at Chateauguay over the Uni'ted States troop" dur'g 



xliv 



CANADIAN ARCHIVES. 



^\jn HI V n ,^' 'T"'* '■''!"''' '^^- ^'" Salabeny, who was major of the 
Ut Battahon of B.>..al Canadian Volunteers, I am induced to nolicit your LordHhip's 
recommendation of his son Maurice de Salaber.-y in order that ho may obtain an 
i;.ns,gnc.y ,n any Establishod Regimont in the Service. The Father of this young 
Gentleman IS ot one of the best Families in this Country, he served during the 
American War'' [the Revolutionary War] "and was wounded at St. John'st and 

^^ I cannot but think it might bo of considerable advantage if the sons of fhe Cana- 

"'llZu !-VTt 'i'V""''^'"''^ •"'" ^^'^ ^"-'^^^^''^ ^^^^fi"''*'- ««''^=««- The elder 

u A- T u ^•;'^'^^''^'^"'''-.V'. through the Interest of His Royai Highness the Duke 
of Iven obtained a commission in the year 17W, and is now a Captain in one of 

^^ the Battalions ot (he OOth Regiment in the Wesc Indies, where he has been ever 
since, and the Gentleman whom I have the honour lo recommend to Your Lord- 
Bh.p was un hnsign (as well as his younger Brother) in the Canadian Volunteers, 
but his l^ather is not in circumstances which enable him to purchase for him " 

ca 'ndared '"?''" ''''*^'^*" ^'^'^-^ ''^^ '^PPe--^'' '" ^he correspondence, so far as that is 

The disadvantages arising from the want of a Court of Equity in UppcrCanada 
were frequently and strongly represented. In July, 1801, Mr. Justice Allcock wrote 
to Mr. King, Under Secretary, that a bill for its establishment was in preparation, 
and in August following, General Hunter transmitted the draught of the bill, repre- 
senting the urgent need that existed for such a court, and that 'it was necessary at 
he same tune to have a qualified judge appointed a. Chancellor, it being requisite 
ha he be possessed of the knowledge to tit him for instructing the Bar and officials 
in their dirties the knowledge of the law among the practitioners being very limited. 

menZl f'^^r'''' '^ 7'"'" ^he walls of a Court of Chancery. He recom: 
mended Allcock, who had applied lor the office of Chief Justice, in succession to Os- 

rtter'lup'^ 8^'' ''■ ''' '"' '^ '' ^- '"'-'' '■ ''^•■-'' "^-;-'^-^ "^ 1^- '''' 

In December, 1801, Allcock again wrote to Mr. King, reminding him that he 
had been promised one of the Chief Justiceships, as one of the coiulitim.s on which he 
had come Canada, and this was the situation he preferred, but if the emoluments 
of Chancellor were made equal to those of the Chief Justice and he had a seat in the 

" mflnU r". """" ' :r'"'' ''^'P' "'^ "^^^' ^^' ^''^""«^'"«'-. ""though the other was 
mlimtely the preferable situation." (Q. 293, p. 128.) 

Hunter's letter, draught and observations were referred to a Committee of the 
invy Council, which reported, that the institution of an office of Judge of the Court 
of Chancery distinct from the Chancellor was so novel as not to be adopted without 

r„?H'r'"";rT' u'"""- ^^^ ''""■'^'' "^J"'''°^ "^ ^'^ ^'Pparently those numbered 
-and 3 in the draught act. The Governor of Upper Canada, it continued, is by 
virtue of his commission vested with authority to exercise an equity jurisdiction to 
the full extent pmnted out in Lieut. Governor Hunter's letter and can call for the 
assistance of any of the judges or law officers of the Province to frame regulations 
and to establish a table of fees, the latter of which must, however, be submitted for 
His Majesty s appn.bation. ()„ the 15th of September, 1804, (foneral Hunter refers 



to the disanhr 



pproval of llie draught act, and points out that 



received in respect to the table of foes prepare.l accord 



no answer has y^* been 



before the King, and adds that th 



iiig to instructions to I'j laid 



equitable jurisdiction had I 



necessity which had existed l.<r establishing 



an 



argely increased, and that Mr. Allcock, then in London 



REPORT OP THE ARCHtVIST. xlv 

would be able fully to explain the position of affairs. (Q. 299, p. UO.) On the 14th 
of March, 1806, Mr. Allcock, who was still in London, wrote to Sir George Shee 
Under Secretary, on the subject, and the words of the letter may be quoted with ad' 
vantage. These are : — 

" During the whole of my residence in the Province from the veai- 1798 cases 

rfTpr"V"f"i^'^.''"'''ii"f ^" ''•''''''' j"".^'''*^^"'^ completely disappointed fo'r want 
of a Court of Equity. But Sir, ,t must be evident to every man, 'who thinks on the 
subject but for a moment that ,n our English Colony, whore the law of England has 
been declared by the Legislature to be the law of the land, the occasions must bo 
very numerous in which a Court of Common Law cannot administer substantialjus- 
tico. It ,H now fourteen years since Upper Canada has boon erected into a Provi.ee 
and as yet there has been no Court of Equity in it. Whilst I sat in the Court of 
Kings Bench there, many verdicts wore obtained against defendants, contrary to the 
equity of the case, m which a court of law cannot afford any relief, particularly in 
ejectment causes. There were many of these cases, in which the decree of a cour^ 
of equity must as a matter quite of course, not only have relieved the party from 
the verdict but have arranged many other points in question between the parties 
and which because a court of law could not interfere, remain to this moment unde^ 
cided, to the serious injury of one (of) the parties and of consequence in failure of 
justice. The complaints of thelving's subjects in Upper Canada that they had no 
an equitable jurisdiction to resort to, have been very numerous indeed, of which the 
late General Hunter heard very much and I very much more, and I had hdd out so 
many assurances for years (being authorized so to do) that a Court of Eouity would 
oon be established, that 1 feared my assurances at last ceased to be much ifttrded 
to. The merchants of Lower Canada, having very considerable debts due them in 
Upper Canada upon mortgages, complained loudly and very frequently that there 
was no jurisdiction in which thoy could foreclose these mortgages, and I believe they 
have more than once made the most urgent applications to the King's Ministers in 
England praying that an equitable jurisdiction might be established.'' ^'"""'•''' '" 
After referring to the disapproval of the bill which he had draughted he says 
It was settled that on his return to Upper Canada ho was to have sat with the 
Lieutenant-Governor to aid him in the businessof a Court of E.juity Mr Harrison 
of the Temple to whom the letter was referred, expressed surprise that such a 
Court had not been established when English laws were introduced, but now, owin- 
to the delay, the Lieutenant-Governor should be directed immediately to establish 
such a Court, taking on himself the office of Chancellor, calling to his assistance the 
Chief Justice or any of the judges he might think proper. The selection of any 
particular officer as an executive judge would, he held, involve increased present ex- 
pense and no future advantage but the reverse. In January 180Y Mr W 
Dummer Powell sent a memorandum on the subject, to whi,.h reference may be 
made his remarks and proposals being introductory to his application for the office 
of Judge in Chancery, as the only magistrate in the country bred in a Court of 
Equity, and who had been largely concerned in settling land cases. (Q 310 n -m 
On the 5th of August, 1807, the report of the committee was considered by the 
king in Courcil and approved of, disapproving of the draught Act for establishing 
a Court of Chancery, the Governor being alrca.ly vested with sufficient authority 
to exorcise an equity jurisdiction, &c. (Q. 310, p. 235.) No further -locuments on 
this suliject are among those calendared in this report. 



,«.v. k'' u T, ^''"•^'■''"^ ^"« appointed a puisn^ judge in Upper Canada in July 
1803, but he did not occupy that position for any lonirth of time, as by the founder- 
ing of a vessel on Lake Ontario, not the first instance on record of such a casualty 



xlvi 



CANADIAN ARCHIVES. 



ho and other offloi»I« nnd the whole crow poriishod. According to tlie account given 
by Gcnorid JIuntor, Judge Oochrftno. Mr. Gmy, the Solicitor-Ciononil, another gentle- 
man of (ho Bar, and other roHpcctablo pernonw, sailed in 11. M.S. "Speedy" from 
York (Toronto) on the 7tli Oetobor, 1804. The total number on board, pansengerH, 
officers and crew, was twenty. The object of the journey was to hold the aHsizoH in 
the district of NowcaHtIo about half way down the lake. Writing on the 12th of 
November, tivo weeks after the voshoI aailcd, (Jeneral Hunter said they had never 
since been hoard of. " It is now beyond a doubt that they must have perished on 
"Lake Ontario, but no person hath survived to give an account of the time or the 
"manner in which this melancholy accident took place." The sea-going qualities 
of His Majesty's ships on the lake at that time must have been, to judge from this 
and other accidents, of a very inferior description, and to justify the title given to 
the old ten-gun brigs, of being floating cotlins. Nothing was hoard more of the ship 
or her crow antl passengers, and in the beginning of 1805 Mr. Darcy Boulton was 
app><inted Solioitor-Oenoral in succession to Mr. (Jray. 



A reference to the calendar will serve to show that the condition of Upper Canada 
was improving, that roads wore being opened up through the country, briilges built 
and markets establishod in Toronto. The stalemonts of Mr. Justice Thorpe, therefore, 
these projects will show to have been greatly exaggerated, at least, as whatever may 
have been the (iolicieiicy in means of communi'/ation throughout the I'rovince, 
eflbrts were made to improve them. In a country of such extent, so thinly peopled 
with a scattered population and limited resources, the utmost that could be done was 
to establish the main avenues of communication and in so far the evidence appears 
to show that those were not negloclod. In 1804, it was felt that the time had come 
when the legislative business of the Province should bo transacted in buildings more 
suitable than those used for that purpose. There was not, it was complained, a 
single building for any one pul)lic office; the offices wore held in the private houses 
of the officers, the Exei'Utivo (.'ouncil mot in a small room in the clerk's house where 
their discussions could be overboard, the buildings wore of wood, unsafe for the pre- 
servation of records, and an annual rent was paid of ia50. The two Houses of the 
Legislature Uiot in the building used also for the Court of Appeal, Court of King's 
Bench, District Court and Quarter Sessions and for a church besides, the whole 
extent of the building containing only two rooms. Among the documents in series 
C, in the volume relating to the Civil tn)vernment of Upper Canada, is a letter from 
Edward WaUh, surgeon in the 4!)lh regiment, containing an elevation, not unlike the 
building so long used, and ground plan, the cost of the building in wood and brick, 
it was estimated would be £1,000 sterling. In July of that year (1804) Lieut! 
General Hunter sent the estimate from Major-Goneral Mann of the cost of the pro^ 
posed buildings, towards which the Legislature had otlerod to contribute annually 
£400 sterling. The data upon which General Mann based his calculation was for a 
building of from 270 to 300 feet long and 'M to 40 feet broad; to be of plain, sub- 
stantial and durable material, the walls of stone and the arches of brick, tobeas'faras 
possible guarded from accidents by lire; perfectly secure and dry vaults to be made 
for the offices requiring them for the deposit of public records; with rooms lor the 
following services:— T,ogisluiive and Executive Councils, Honno of Assembly, Courts 
of King's Bench and Quarter Sessions, with proper offices to each; offices for the 
Secretary of the Province, Surveyor-General and auditor of patents for land. The 



UEl'OHT OF THE ARCHIVIST. 



xlvn 



accommodation for tho ordinary dojmrtmontal offices, it will bo()f)8orved, iw not pro- 
vided for. Tiio cobtut timt date, uh contraHted, not comimrcfi, with the now icglMlativo 
and depurtmcntal buildings recently erected in Toronto at the boIo comI of tho Pro- 
vince, will /^iv(* an idea of tho i)i()^rcHs (hat Iwih hocn madodiirinf.i; the period of littlo 
more than eighty yoiUH since tho erection of llio first puhlic, huildings. 



Tho abrogation of tho treaty of Amiens which secured a shoit peace, renewed 
tho anxiety in Canada. War was dcolared by Great IJritain with I'' ranee and .S|)ain 
and apprehension was felt, that hosHlilioB wore on the point of breaking out with 
the United States. Tho attoinpts of tho French on Canada as shown to exist down 
to I7'J7, in tho Jtuport for I8!H, scarcely seem to have been relaxed even when the 
treaty was in force in Europe. In IHOl, before tho short peace, Lieutonant-dovernor 
Milnes, in a separate and secret letter to tho (.'olonial Secretary, transmitted informa- 
tion received from a certain (Jolonel Graham, to which iieithor he nor Major-Goneral 
Burton, commanding at Montreal, attached mncAi importance. Milnos, however 
obtained infoiination after Graham had left Qindicc, which he had visited to have a 
personal interview with Milnos, corroborating previous information received from 
him as to the real destination of the arms brought by Ira Allen of Vermont in the 
"Olive Branch," which bad boon seized and was under trial before (he Admiralty 
Court. A (iejiosilion respecting tho secna meetings held in Vermont to concert 
measures for tho seizuro of Quebec, Ira Allen heing implicated in the Nchemo, is in 
Q. 87-1, p. Itil. (Jrabam's information is ])rin(ed in full in the reportfor 1891, taken 
from the series (J of the Archives, but lluiro being no signature, the author's name 
was not known. The information is in two papers Nos. 28 and 2!» of Note 1) in that 
report, pj). 8;{ and 84. On tho KJth of September (1801) .Vlilnus reported additional 
coi-roboration to the information furnished by (Jraham, that persons wer'o j)lotting 
for the subversion of Canada. A society composed, to use the words of the Lieut- 
enant-Governor, of "a parcel of Americans," had been formed in Montreal, proceed- 
ing on (ho principles of Jacobinism and Illuminism, having one Hogersas the leader 
who, it was believed, was the only one acquainted with the real objectsof the society, 
which had increased from five to sixty one members. Six of these were arrested 
and held for trial, but Jlogers escaped. The Attorney-General (Sewell) to whom 
(he matter was referred, made a long report on the subject, the text of which is in 
Q. 87-2 beginning at page 383. A few extracts may, however, be given hero. The 
McLean, mentioned in the first extract, was executed for high treason on tho 2lst of 
July, 1797 (see report on Archives for 18!tl, p. xlii). The society spoken of by 
Milnes, " was formed of sundry individuals of desporato fortunes and among them 
"were many of tho persons concerned in McLino's conspiracy, particularly La 
" Allen and Stephen Thorn, who wore then lately arriveil from France." An account 
is then given of Kogers, a schoolmaster from Now Fngland wh^- had settled a short 
time iieforo at Carillon, about 40 miles west of Montreal. Tbo pretext on which ho 
founded tho society was to search for treasure, but the Attorney-General concludes 
from all the circumstances that tho society was formed on the model of tho 
propaganda established by tho Jacobins of Franco in the countries of which they 
desired to obtain possession. Some of the depositions which accompany the report 
speak unhesitatingly and strongly of the complicity of Ira Allen in this conspiracy 
and that his object and that of the marauders whom ho had collected in Vermont 



xlviii 



CANADIAN AllCirrVES. 



I' • 



ZZ.^!- """l "" """''''"" "'^"""'"' '" "'« "PPor.uni.ynn invasion p.-eHonted 
tor obtnjmiiir u largo amount of pliindtM'. ' ""'"•leu 

AccordiMir to the lodor of tho Lioutonun(-(;„v«rnor of tl.o 28tl. Octol,or 1801 
Mm. was ,ho n.un n.o.ivo of the Vermont adventuror., and if his sta omo t 'l m no 

•■>"t, that not a ..n-Ho ('anadian nam. was fou unongst tl.o list <>f .-ol a , ,"o 

vuionoo o Us wholly foroign character would ho'p.-ovod and th E . f s 
R on M, nos ,hnt Ira Alien was an emissM-y of .h. Vrench .laeohins h || v eo 
h.nuHi. lie apparent .naetion of the Magislratos of Montreal, couple.l with tl"o 
exaggerated reports of the extent of the conspinu-y, eaused th^ -m- atest hn , 
pohee assoeutuon. were formed of the respee.abk, iohabitants. (Ten ra J u , '. 
deported at the re.p.est of Milnes CO stand of arn.s for the use of to nit 
who Iwul been rev.ewed by the I.ieu.enan.-.lovernor in dirtbrent parts o(' ,oPo 
v.nce to the number of 12.000 n.en. In the course of his tour he'had the Lf 
Uon ot obsernng the loyalty of the Canadian n.ilitia, so (hat he ventu il . 1 s" 
re ..rn to (iueboe to .ssuo an order for one-eighth of the militia in and about Mon o , 
Tie response was n.stant and hearty. Sir iJobert says, and the words are wo h 
.mx.ng ';lheCanad,an militia have not only shown then.selve.s willing to con 
forwani n. (ho mnnbers required, bu,, have volunteered to increase that n'.mber 
any anmunt whenever Government may require their assis.aneo." Th •. 

t.ons taken an. the preparations, wlucd. could not be concealed, to n.eet any a,( - 
weroHucce«stul; ,n xNovembor Milnes wrote that the schemes in (he I'r v, h h d 
been <'doneaway. and fron. all the accounts received from Lower Can da n 
\ermon he was ,n hopes (hat no further schemes of that nature would at 
t.me bo tormec On (he 81st of July, 1802, he published the procbunation f ho 
restorat.on ot Peace (the Treaty had been signed in the preceding Mar „ , ? 

H^ had ordered a day of thanksgiving for the blessings i,\^onferred. It w Jov id n'' 
however, to (he s(a.esmen of Kurope. (hat Bonaparte, who in Auc^usf 180' .^l' 
been elec(od Consul tor lite, had no intent.on ot n'.intJining j^erm ^em ,^!; ! 
atmed at un.versal con,,uos(, an.l in May of 1S03 (he Eritish^nb, I ^ ^ P, 
H s(ep followed by a declaration of war. l-lven whilst the peace subsisted, (ho F re ,' 
ep.,bl,cans were mak.ng etlorts (o obtain possession of ('anada, (or on (^e 
. une, I8(..>, long before any steps consequent on the declaration of war could h v 
b^n taken enussanes ,Von, France were in the Provinces, ben. on sap, in- 
loyaKyo he .nhabUants. On the 5. h of May, a week before (he Hriti I An.b 
sador Ictt Pans, s.x or eight nu... holding conunissions fron. ,he Jiepublic o W 
were reported to be at Chambly; these men had been officers wi(h llumbe t n 1 
.mended at(ack on Ireland, and they seem to have made no cli ^ r of' ,' : 
nn.torms, winch were green and gold. Several of tluMu had gone to Montr I (■ 1 
.ng names dUerent from those by which they were known in Chambly an 1 th v 
openly avowed (heir hostility (o (he Bridsl, (Jovernment in Cnnnda A l'« , " 
Mr. Auldjo. then in London, dated the ,5th of March, m^^L tZZ 
Bonaparte .s sending em.ssar.es to Canada. Two are specHlly ua.ned. Mr. de^lrv 
(hcer of I-rench artdlery, and M. ^-ill,ray or Vilh , he is not sure w . h -i 
L ,un born, who was :n Philadelphia and Upper Canada last summer, b ta* 
.1 to con,e on (o Lower Canada. Mr. de Ldry would con.e on pretext >f seeT g 
h.« 1 ■lends. 1. ur(her, Judge Panet sent extracts from a b-tt-r tr his br -th. r 1 v 
Imbert, who ba<l l.t Canada at (he (ime of (he conquest .L J:: n^'ZuIl t 
France, antormn.g h.m that the French as earnestly desire.! to repossess Can 'u^ Z 



IIEPORT OP THE ARCHIVIST. 



xlix 



thoy did to obtain LouiHiiina. Tho Judge points out that by a Huddon danh the 
French might Hucceed in tailing possoHwion of Canada, if favoured by tho Canadian 
habitants, and that a strong military force was nocoasary to restrain tho disart'octod 
and to encourage tho friends of Govornmcnt. Tho oxtructB given by Mr. Justico 
Panet from tiioHo letters, are of importance aa showing in a cloai- light the feelings 
of the Pronch people and corroborating tho information sent to tho Provincial 
Government lo.specting the presence of French omisaarios in the I'rovince, I 
translate: 

" I may toll you that I continue to preserve an attachment for the country in 
which }'ou live, so groat that I wish to aco it return to tho govern mont of tho French 
regarding it as a colony essential (o trade and aa an outlet for merchandise and for 
jncii, it vvoulii constantly turnish the moans of spoculation whicdi would improve 
the future-^ of the citi/ons whom war and revolution have reduced to wretchedness. 
[ fmlieve tho well thinldng in your colony would ho glad to seo again their former 
compatriots travelling on their Continent." '■^■ 

This letter is not dated, but ia belioved to luivo been written a little before the 
peace. 

The letter from which the next extract is taken was written on tho 12th of Jan- 
uary, 1803, and may also be given in full. Hoth show the motives, which, partly at 
least, actuated thoae who were urging the i)olicy of I'ogaining Canada, the opportu- 
nities for speculation being strongly accentuated in both letters aa of immense con- 
sequence for tho French. 

" I had for a moment the hope that tho First Consul would havo rodemandcd 
this Colony at tho lime of the general ti'oaty of peace, as he had flattered me he would 
uo in a reply I received from him, when informing me that he had sent my memorial 
to tho Ministorof Marino, to make use of on that occasion. I have observ('d with i)ain 
that the definitive treaty took place without reference to thia «iuo8tioii. There wore 
however, many reasons for not losing sight of so important an object, especially hav- 
ing treated with Spain for the Misaissippi, which ha:i returned to France What a 
difference il would make aa an outlet for the producta of Franco, and for giving the 
meana of speculation to an infinite number of Frenchmen, who havo no roaourcea in 
their own country .f 

Those extracts will servo to show that the precautions in Canada wore not taken 
without sufficient reason and that tho reports of emissaries being in the Provinces 
wore not more idle gossip, originating in the heatod brains of terrified visionaries. 

A new militia bill was passed during the session of the Legislature of 1803, t-j 
take the pluce of Lord Dorchester's Act of 1796, which had been carried with diffi- 
culty through the two Houses and had ever since that time remained a dead letter. 
But Milnea in a letter dated 10th June, 1803, expressed hia approhenaiona that the 
proviaiona of the Act of 1803 would require great caution and management to carry 
them into execution, owing to the weak state, in point of numbers, of the re<rular 




PI 



CANADFAN AROIirVES. 

i»...o.,r«r„« r,„„, 11,0 KCi'r. . , ? Prov,„«„, but m tl,o ,„c„„ii,„e ,|,« 

June, 18«3) in : Ht \. V^, , "q" t,''! T,*-'""'; f .f'""*'" '»'»'' (^^'" 

app».e„u,. „w, ,.,.?,;„ J.!: ir: :'. ';;,:,t:; :.r;.i •'■ : ;,::;:;:.■,"" ^"ir- 

l,i» o,,or„li„„, will, ,.,! , , ' '™"' »genl,a,„l ,o«m» lo have cc,„dn,-.,,l 

that Jofonio Bonaiiarto irothor to flm P;..uf n^. i tvt i ^ ^ ' ^^"-emDoi, imm, 
York on tho 2,Jil> iovomber oste. blv fb tl M ' Tf '"' '^"'^ '"''"'""' ''' ^^^ 

to go to Albany, after spe. 2^ T^J.': Hl^vT^ V "I '"'"''"f ''""^ ^'"*'^^'' 
tocommunioatVwith the French i^Wr nl^^ ^n Xcw Jorsuy.uncl f.om Albany 

go to ,be Amorioan line, nca;?! ct^T^J. i^T tV;"'. ,' "" '^"'""^ "^^^ "'""^ 
the .ame ju.t mention d, with vv'ho"icanw ''"""". ""'"^^ «"»'^ '--'- 

;„.im.Ue a ,.io«ppv<,n.;, V- ''""'"/^^^J^^'""- who was oxecuted. was particlarlv 
-.i.im.ue. Atloseexamiiiationwasmaileuil ai( - ^^ (.my 

at Albany, but neither Jerome nor h 



■ nil 



ngthe frontier on LakeChaninlain and 
IS companion had yet arrived, although expected at 



KE1>011T OF THE ABOIIIVIST. 



11 



AII)aiiy(luriM>,'lho winter. (Thedcscriplioiiof both Ih given ini'uil at pni,'o 215 of this 
report). In Fobriiary, Miincswroto thiit iiop(witivo intoiii^oiico had then boonohtiiined 
tlial llio French (Jovernmont hud uctuuily been tainperin<j with disuftoctod pornonn in 
Canada. The prcwecution of the pmjoot to at tacl< Canada, dej)endin^on tiieHuccoHH of the 
French arraH in i*]uropo, and itHabandonmontfor the preHont.Heoms to require a glance 
atthoHtateof marititnoatlairrtin i<'rance, tliu reason given by Pichon.chargi' d'atFiiires 
at Wawhington, for tiio present ul)andoninent of the attempt l)eing tliut (Jroat Hritain 
wuH too ])oworfiil yet at sea. Karly in 1803,' even before the dechiration of war, the moH 
active nieaHurew weie taifon by the French and Mritish to increase the ofBciency 
of their respective navies. On the part of the former, Napolotm had ordered tiieport of 
Fhishing to be ready to receive and equip a squadron of ton 74-gun sliips, which were 
oniered to ijo immediately laid down in various French dockyards. (runboats and 
flat-bottomed vessels were to ho built along the Scdieldt, the vVeser and the Elbe; in 
Brest there wore 21 servico'iblo line of-battle ships; three ships were nearly ready in 
the port of L'Orient and two more were ordered. Similar activity was shown at all 
other French ports. The result of this was that Franco had soon a force of 6fi ships, 
47 actually afloat and the others in a state of forwardness for action. Napoleon had not 
antici|)ated that the outbreak of hostilities would take place before September, but as 
already stated war was declared in May and most active measures taken to carry it on 
On the 17th ofthat month, CornwjiUis sailed with a formidable fleet to blockade Hrest and 
other fleets werestationed at different points to watch the motions of the enemy. It is 

unnecessaryto follow the course of events in 180.'{, theactions during theyear not beingof 
prime importance, the engagements being cliiotly those taking place between detached 
cruisers, and not involving the fleets. It was during the year 1804, that Napoleon 
became emperor and that the invasion of the British isles was to be made, a project 
which was rendered abortive by the constant vigilance of the Firitish naval com- 
manders, and tho observation of Napoleon himself of the disparity between the effici- 
enov of ihe navies of the two nations sufficiently accounts for Pichon'a statement 
to lious, that Britain was too jjoworful yet at sea to admit of Canada being attacked. 
In the meantime every precaution was taken there to guard against any hostile 
designs that might be entertained and to watch carefully that no French spies shoubi 
gain access to the Provinces without detection, and for this and other purposes 
Mr. Eichardson secured the services of apparently two ex-spies of the French cer- 
tainly of one, Rous or Rouse, for the name is given in both forms, the name of the 
other is not stated, he being only mentioned as No. 2. So far as can bo judged from 
the reports made by Mr. Richardson, Rous was the most efficient, as he obtained in- 
formation fi'om Genet, who had been French Minister at Washington, as well as I'ichon, 
the charg(5 d'afl'aires, and no suspicion seems lo have been entertained of the coiToct- 
ness of his information, the barbarities committed by tho French soldiers at 
St. Domingo having, he stated, cured him of his wish to see the Fi'onch in Canada. 
Tho person known as No. 2, reported that Fouquet who had been using incendiary 
language whilst passing and repassing by L'Acadie (a settlement neai' Napierville 
on the Richelieu), was in reality an emissary sent in by the French consul at Boston, 
and that it was he who had spread the report that the United State?, having got 
Louisiana, where desirous to extend their boundaries to the St. Lawrence, in which 
thoy would be assisted by France. The policy of .Teiferson, then President of the 
United States, is thus described by Mr. Richardson, a description corroborated by 
what may be found in Jeflerson's correspondence of that date: . " The present con- 
" duct of Jerterson in several instances is far from friendly, but he is too great a 



Ill 

CANAniAN ARCHIVES. 

«BHew..towir a^^^^^^^^^^^^ ""''T T'"''' to entertain non.e <loubr, 

taking in this roHnoct '■ Co .t " "P"''*^'>^ botbrohand for ti.e course he wa 

Htatiotd in h T vince nn^^^^^ '^' T' " ''" «-«""-->'• ^ho nuli.ary fo.-co 

••hannolsorinformaZaHnl;^^ , ,T °^ ^•"'"^ consequonce to Hecure Huch 

of the enemy!" (Q. H " ""o "' ""' ''"'''■''° "" """'" "'^'"^ "^^«'"'^^« 

received from one MattwWn ''7'";"" ^^"^ ^''•""'"^""' ^^'^ information boin,: 
Y . k Acco d ! to f hi r - ' " '•''"" ''''^" ""'^'"^ '" S«''''^oK" County, No^ 

ing the winter and .oLevt oj vvL P ^ ? /'■•"' '^^''' *° ''^ P'^'P^'^'' ^»^'- 

Governor of Upper CanJia a i " T ."'.""''' '"'' "' ^'^"' *""" Lien.enant- 

to be manned by shmen t'o o "'''T'' ^ ™""'' "' ^'^^ ""•'^"' '^'''^i^'' -''-"-^ 

4 Wing's .tat':;;r; .rt:: : rt r z "'*,': r'--' ^'^'^""•' ^^'- ^^■'*-- 

further to ascertain their tnh T ^ ^ ^'"'* '" ^""'*' '"'^^ ^^eps s.iH 

3Ir Merrv oVr^ fl f I '"'''""^ ^''''"" ^'^ ^'''^ LicXonant-Governor ,o 

r a's^^in, ' mtt'Te 'a ^''^P"•^"'!'^■"" '" ^^^'"'^'^ '^t that cntical tin.o Z 
" nfiiln: * ' ^"' '".)"«t,ce to the Canadians observe that the sf.tn 

uncertninly a. to thelmiT.t, , , ■"ov.tfUc t.l „ time „f d„„bl anj 

w,„. .b„,L be':;t:7r eopi: :t.t tr'^i'::; r'vzT- - '"" " 

lion of plots whirh ii'tbov. lid nnf . • . " . ^ furnishing intornia- 

.- J tbe raet ,. ^^s^oV;:,:-.'.-: i!? irz'iir T ;-";.:::»; 



RKl'OHT OP TJIK AHOHIVIST. 



Ilii 



iiifonnivtioii ofincornint^ t.li« allogod hiiIoh of hornos ami outtio which corroborated the 
slalcinontH ofMilnoH, although Huch corroboration wuh not nocoHHury, and added the 
further con trudiction to Wing'H Ktory of tho extoimivo pinchufo of armM at Spring- 
Hold, that no Hiu'h ptiichaBos had boon made, nor oven any inquiry as to the poHHi- 
bility of obtaining thorn. 

That the caiiHo of the abandonment of the attempt on Canada was duo to tho 
naval Hupcriority of (Jreut IJritain miiy bo Hafely f.onjocluied from the information 
brought by Eouw, Kent Npecially to Washington to asoerfain the Fionoh dcsignH. 
That Kouno, in hiH ca]»acity of spy, did his work well HoeniH to bo j)rovod by tho 
confirmation which oventH gave to Iuh reportH. Rouho, according to his Btatemont 
to Ml-. KiciiardHon, obiainod accoHs to, and gained the confidenco of the Frorich Mini- 
ster at Wasliington, from whom ho ieariieci that tho Froncdi had no immediate de. 
signs against Canada and certainly none for that year (1805.) They had designs 
for obtaining possession ot tho Provinco, but when those would bo carried into exe- 
cution depended <m tho events of the war [in Muropo.] The Minister's words, as re- 
ported by House in respect to the Hoot, wore very emphatic: "They never will risk 
" a fleet in tho St. Lawrence further than to land troops, and then go to sea immedi- 
" ately after. The great ertbrts of the French scjuadron which may go to soa this 
" year will lie in tho West Indies." In certain contingencies tho squadron was to 
attack Jamaica, failing tliat to harass tho other islands and to make an etlort against 
the negroes of St. Domingo. In any case, the Canadians were to keep absolutely 
quiet, as in event of a serious movement word would be sent in sutticiont season. 
Emissaries would not be sent into the country at present; many who went in be- 
lore wore adventurers who had done more harm than good, Cazoau, the now con- 
sul at Portsmouth, Now Hampshire, would have charge of any expedition that might 
be intended against Canada; that tho French general would consult with Cazeau as 
to the measures that might be adopted for an invasion, and tho Minister gave Rouso 
Cazeau's address, to servo as an introduction, by which ho could obtain all informa- 
tion regarding French designs. Mr. Richardson was inclined to believe in the cor- 
rectness of Rouse's reports, and apparently with justice. 

Pitt, who had assumed tho reins of power, having effected treaties of alliance 
with Austria, Russia and Swodo;i. tho only great power which combined with France 
was Spain, which declared war against (iroat Britain, of which Milnes was informed 
by a letter from tho Colonial Secretary, dated on the 11th of January, 1805, received 
on the 19th May following, a proclamation announcing tho declaration of war was 
ordered on the 22nd of May to bo published in the official Gazette, and means were 
at the same time agreed upon between the Lieutenant-Governor and the General in 
command of the forces for tho defence of the Province in case of invasion or of an 
internal rising, of which no great apprehonsion appears to have been felt. 

From tho beginning of ihe war comparatively large amounts wore contributed 
by Canadians of all creeds and classes towards the funds necessary for its prosecution. 
Among the names in the first subscription list are those of the leading English- 
speaking merchants, who gave liberally, the French-speaking inhabitants being also 
worthily represented. The religious institutions and the clergy Joined heartily in 
the movement, the Seminary of St. Sulpico giving X500 as a gift and engaging to 
contribute £300 annually during the war, the largest single contribution, the annual 
subscriptions of the others ranging from £5 up to £25. (Q. 85, pp. 321 to 324, tho 
list beginning at tho latter.) Some time after, Sir Robert Milnes forwarded the fol- 



liv 



OANADIAV AHOIHVES. 



■ ;: 






lowing letter from Lieutoimnt-Colonol (le Lonjruouil with Mil „f . 

»..o\ir :,:" ;°:::;;,;:;:,'''::;;;';,,:t "°;' *"""'""' "'"^^"■■'-'^ ^-° '- 

^■l<lothon,,»,,i„„„r,,,,oror\va, ll ""'■"•■on ll,e„ in prog™.. w„„l,l 

state! orUom Hh MS:^;^£;:;^^Kr ?"r'"^^'- ^^'« ^'^««^^'" ^--^-^ o^ 

any source other thalZllShhC^^^^ T'TK}^ ^"'^"••^"^' "'' ♦'«•" 

Proclamation ol the Pren deni Z fit rr . ,^^^L"P"''<' ,""'1 "Cho«apeake," and the 
incompetent to L-m an^w iTfouLl >^.,h"-''''^ ^tf'"' "'.'^ .^^•^'*'''' ''«"^'« it^^'lf totally 
the reient -.ccurrenjes ftaTed in Co J '' 3 liVT h'"'^ ''''''' '' '^'^"'^ ^''^'^ 
mittee k obliged to leave (ho m. >s n„ „ h '""^ 'f .':'"' """sequontly the com- 
war breakin^rSnu bet voen th?tu^^ \'"' proi.ab.i ty or improbability of a 

communicuthMi. or .7e aot of eUher of tl' 'p "'"^^'u' I'J ^^'^«" ^"'^'"^•^ "ffl'^i'^l 
forminfrajud-mont thereon ^'" ^''*'*""'' "^''" f"''"'"'' the means of 

mati;;n';l!*^j^^:;;^S;n;'-;:-^«^^^^ ^^y -.y means become possessed of infbr- 
opiti.-on that lioftiliUes we •« m-^'J "^^"'^ ''V'"''' ''"''"«« »" Inclination of 

C^ommitteedoubtt ot"Vru;h tse^^^^^ betvveen the two Powers, the 

and would show yourself mo"' ch^'r^K^lin^^'^V"''"'^ *°'' yourself called upon 

t.at colonel iroS^urs r^t^Tz tSi-^^: itu^i^s:: 



RKPORT OF THK AHCillVIST. \y 

as Comman.linK tl.o Trooj)». ut callinj,' in ai.l to tl.o Gnnison hy hirini,' Inboiirors and 
workmen, If in Iuh Judgmonttho KxiKoncios of tho prohont (JaMC lonuiro it without 
any oonciinonco on tl.o part of tl.o Civil Govornment, to this niiyht also bo added 
that Voluntary a^rtistanco wiiich (Jolonel Brock HUggoMtrt w mid bo chocrfiilly given." 

A roferonco to Dunn's lottor to CuHtlor».agh will throw sorao additional light on 
the course of the Council. (Q. 104, p. 140.) 

The affair l.otweon Iho " Leopard " and tho "ChoHiipoako" ban been so fully dis- 
ciissod from both sid.w, that thoro is no need tospeak of it here except to remark that 
before any reproHontations had reached tho Hritjsh Government from tho Govern- 
ment of the United States tho act was formally disavowed by tho former and 
reparation offered, an act not met with the return on tho part of the United States 
which it ought to luivo received. Vice-Admiral iJerkoley who had isnued tho order 
to search the "Chesapeake." was recalled, and every indication of friendnhiD 
manifested. ' *^ 

Whether on account of tho resolution of the Council, or for other roasoiiH, Brock 
declined to accept the responsibility of commanding the troops in Upp.r Canada a 
position assumed by Francis Goro, the Lieutenant-Clovernor, although he held no 
military rank. Tho positi.)n of Gore, as it appeared to him from the most recent 
information that had reached him, was most critical. Vico-Admirul Berkeley wrote 
hini that war with the United States was inovitahle. A categorical demand had 
been made for the renunciation of tho right of search, which if refused was to bo 
considered a declaration of war ; the Vice-Admiral boiievo.l it to be impossible that 
tho British Government could accede to such a demand. " The return of Mr 
"Munroe" (Monroo) he says, "or the messenger f.om England will probably be 
'the signal for war," and added that if Canada should be taken there was a secret 
agreoniont that it was to be transferred to the French, or erected into a sei.aralo 
kingdom to bo governed by a Frenchman. 

« 

Upper Canada was in a still more defoncoless condition than Lower Canada 
but Gore ba<l, even before the receipt of Berkeley's letter been taking measures for 
defence, lie had ordered provisions for the Indians to be thrown into Amhorstbure 
and St. Josephs, and called a general council of the Western Nations to meet -it 
Aiuherstbuig. By tho time it met ho presumed the question of peace or war would 
have been settled. But there was a deHciency of arms for tho militia. Brock had 
sent only 4,000 stand from Quebec, so that it was decided not to call out any of the 
force and of regular troops there was only 400 men, being tho 41st J?ogin,ont and a 
small detachment of Artillery t„ guard an immense territory accessible at all ,,oint.s 
an imaginary line being the frontier between Canada and tho United States. 

It was under these circumstances, as stated elsewhere, that Sir .1 II Crai- was 
selected to fulfil tho actual, instead o^ the nominal, otiices held bv Prescott .,|"gov 
ernor an 1 Commander-in-chief of the Provinces. Before sailing he communicated 
Ins views on tho defences, in a note, in which he expressed doubts whether an etfect 
ual resistance could be made to an attac'v at any other point than Quebec ; oven there 
Lord Castlereagh was doubtful if a prolonj.:ed resistance wore advisable. He approves 
so far as can be judged, of the formation of independent companies of Cana.lians' 

,, . .„ .- ^ '^ •'^'!.>try,a.-< pi-ctcrauiu u; moro nuiaen.us corps, thouirh 

their efficiency could only be tested by experience; asks to what extent he is t„ take 
measures to complete tho defences of Quebec; desires to have two armed vessels as 
necessary for tho service of the river an.l , ciuests that authority mav be -iven him 



Ivl 



CANADIAN ARtllirVKS. 



to iliiw't tlu* liioiitormnl (iov«»ri\or of U|i|i(ir (^iuiikIii in llio ;ic«'<i»'inl jtoiioy with ro- 
fiiiui to llie I'liilcd Stulim and uh to all inovonuMitM <if' inilitiu iinil voIiiiiIooih in thnt 
Provinco, nnd jjonoraliv tt> ovory olijoot oonnootcd with a ntalo of lumtility, ho that, 
Iho gonoral (kico nlioiild lio iiiid((r ono iiniCorm HyHtoni. ((J. I()4 p. 15M.) A nocond 
not»<, uiidaloil, callM atUmlidn to llio tu'coHMily that, may arJMi for tlio tiiumforonco ol 
tlio roiitrol of Indian alVairn from tho Lioutonant-tiovornor of Uppor (<'aruida to llio 
(Jomniandor-in-ohiol', tho nolo conchidinj^ with thtwo wordn : " In ovont of hoHtilitittn 
"with Anioii<'a, Iho lino to ho ol)-i«rvod with ro^(afd to Iho Indiann will liocoino an 
"ohjoi'l of tho nionl important oonHidoral ion ; Ihoy miint ho loHtrainod or onooura^od 
"to action hm may bo jiul^od mont cxpodiont at Iho inomont or aH tho conduct of tho 
" Amorioans tin misoIvos may rondor noooKHary. Of (aH?) thin, m ovory othor part of 
«' tho war will fall undor his r,is|)onHiliilily, ho in dosiroiiH of hoinj^ Iho jiidj^o ; lio (lan- 
" not foci HatintU'il, while liahlo to ho lod l>y cngagonionis onlerod into hy othorH 
" without hiH coni'uri'onoo." 

Sir J. H. (^aiiif arrived in (Jiiohoo on tho IHth of Ootohor, hut from illnoNH did 
not tako iho oalhn ofolUoo till llu' litth. A muslor, which, lo uso luKown (<xproHHion, 
tlioy call a roviow of Iho militia was hold and ho waw told llial, oxoopt in a low casoh 
tho iliHjiosition was commondablo, hut on that head ho could oxproHH no opinion of 
hiHown. No rolurnof Ihoaclual numhor prosont waw mad(\hut it wuHoslimalod that 
with tho olh Matialion.ordorod to hold ilsolf in roadinoHH, thoro would ho a total of 
;i7,t)t)0 militia. Military storoa woro, hovfovor, entirely insutUi'ienl. Of nmall arms 
only 7,t)t)0 wore in Hioro, Upper Canada had lately rooeivid 4, (IOt» or ft, Ot)l> and de- 
manded more whioh oould not he spared; an additional Kupply of 7,t)()t) was wanted. 
There were no ai'Ooutromonts; without them no selected hody of militia can servo 
olVectually or will Horvo otherwise than with dis;,'ust and (iissatisfaclion. Ahoul 
10,1)00 arc wanted in Upjior Canada, which is in the san.o condition as tho Lower 
Province. Of flints the supply oven for the regulars was insullicient, not to speak 
of the militia ; of those 250,000 were wanted, as also a supply of hiankets. (l^. 10(1, j). 
6.) Tho letter shows clearly iiow unprepared t'anada was at this time for delonsive, 
far less tor otfensive operations. 

Tho opinion of Mr. .Joseph nouchctto, the Survoyor-tieiieral of Lower Canada 
on this point is, however, entitled to groat weight, as he not only know thoroughly 
the topography of the country, hut was intimately acquainted with tho feelings 
and sentiments of the po))ulation of Lower Canada. VViiling to Mr. Cooke 
the rnder Secretary t'or the t'olonies, he calls attention to tho proposal to place 
General Moroau, at the head of (!,000 men, for tho piirpoao of attacking Canaila, in 
event of war with tho United States, and expresHcd his hcliof that no ono was bet- 
ter calculated than Moreau to load such a force, but he proceeds, and tho result of 
the war of 1812 showeti how correct were his prognostications : " J conceive ho can 
'• have but a very little chance of succeeding, as a much greater force will be 
" required to ensure tho Americans any degree of sucecss whatsoever. If they 
" talked of tifteen or twenty thousand men, divided as follows, I should feel more 
" alarm, that is to say, six or seven thousand men headed by General Moreau to pro- 
" ceod to >[ontroal, an equal force to go up the Kcnnehoc Kiver and down by tho 
" Eiver Chaudiero to take post before Quebec, erecting batteries opposite to tho 
" town at Point Levy, and three or four thousand to go down by tho Uiver St. 
" Francis, with an intention of forming a junction with Moreau's army at Throe 
'■ Rivers in case of his success in taking Montreal." But even with this formidable 



IIRI'OUT "IIP THK AlimilVIMT. 



IvU 



(loinuimt ration, lit< dotm rinl, liuliovu in tlio MUcooKHfiil roHiilt of huuIi iiii unlorpriHc*, hiit 
tlio contriiry, hIioiiIiI |in)|)((r HU^pM ho liiloin. " Hy uitKiiiunliti>{ tho niililiiry fornt) in 
" tliii tvv(i(!iinii(liiH lo ttth MiiiiihiiikI HtroiiLC, il' it<> tnurn cum Im< Hpiirnil, luliloil Ut iihoiit 
" twonly oi' (won(y-livo lliDiiHiiriil iiclivo inilitiii in liKWiirOaMiulii, itmi iiboiit, Iwolvo 
" «»r fourtoun thoiHiind in Uppor (Jiinadu, btmidim Indiiiim, l-lio AmorioiinM would Jlnti 
" it II Viivy (lilllciiil liiMk to tiikottillKM' of tin* I'roviiicoH, hut more OMpiMJiilly liowor 
" Cmmilii. With nmpiKir lo IJppor Oiumihi, thoy h ivo inotti in Ihnir pi»wor imd hiKH 
" niilitiii to oppoHo thiwn, and iilnr) th(i advanta^o oi' tiirnpil<o roads iitad i n/r i(, iho 
" dirt'oront ^urriHoiiH which tlmy at prosont occupy on the frontier, a f.ircumHtance 
•' hif^hly ill lh('ir I'livo-ir. Nc^vortludciHs, | am convinced that hy a judicMoiiH di-ttri. 
" hudunoC tjic troops and mililia of Ihut Province and auxmcnlitif^ tlic naval forco 
" on the lakcH, addt^l (o ilio Htato and conirnaiulin^ poMition of Fort (roor^o, nituatod 
" on I he wcmI HJdc of Nia^rara Kivcr, a most powerful rcHistanco <'an he maijc, and [ 
" I rust thai time will show I hat Canada iw not h(( cany a prey ti» the AmcricanH aw 
" they coiieidor it to be." ((jl. lOO, p. ROT.) 

Kvon lud'oro th(» arrival of <"rai^, [jrcparalioim were actively' ciirricd on in anti- 
cipalioii of lioHtiliti((s. The miislor, or rcudow, of the mililia reported on hy (!rai/.c, 
had heen ordered hy Dunn; (lore who had tak<in cliar;,'o nf the forccis in Upper 
(-anmla, thou;;ht it hiw duly lo pay a vi.sit to Montreal, to tneol and consull with 
J$rocU as to the arran^'cmenlH n(!C«HHary for the protection of Uppcjr Canada, 
('olonel MrocU told ,Sir Francis (Joro " uncer»wnoniously " that IIk; rcM|.oriMihilily lay 
with him (liorcO. No account \h ^'iveii of the HuhHO(|Uonl conftM'once, hut it HoomH 
n(»t improh.HhIc Ihiil il waH aH a rcHult of thiw that the preparatory alops already 
roforred lo wore taken, (ioro alho reporliid that it waH impoHsihlo to say what the 
" Hovereif,'!! People" in the United Statos would do. Kminett was very husy and 
liad Homo warm friendH in the Province. TIh! threatened war, however, diij not 
take place then, nor till the date of MadiHon'H adminJHtration in \HV^. 

The dcHcription f,Mven hy Mrock of the ruinouM Htute of the foitificalionK waH hy 
no meauH e.\a;^'>,'e rated. In IHO,'), Lord Chatham (the Hocond Karl, who waw Master 
General of the Ordmince from IHOl to IHOli), Kuit a contid(!nlial letter to Lord 
Camden on the defences of (iuehec. hut those desirous of Htudyin-,' the suhject should 
lofer to the letter it(-elf with its enclo8ures in Q. •)!», pp. L'Ol) \i> 2\i'>a. It was in 
reference to the workn on tlume defericeH that the coriespondenco htitwceen l5rock 
Dunn and the Fxecutive (.^)uncil took place, which has already been mentioned. 

Fort. Frio, in the then state of transit was re^'aided jis an important point for 
defence, being at the head of the communication between Lakes Ontario and Erie 
and esHontial as a temporary depot of all the provisionH, Htoros and merchandise 
which j)a8Hod up and down these lakes. Colonel Mann roi)orted that the fort was 
completely in luinn, and that temporary repairs could no longer be resorted to. 
These had kept a part of the building from falling entirely to pieces, but what time 
and decay hud failed to accomplish ha<l been completed by a storm on the 6th of 
Jaimary preceding, and the whole was now in ruins, except one stone building con- 
Btructed in Hit?. Colonel Mann estimated that the fortifications and buildings would 
cost £9,C49 3s. Od. Colonel Mann's report, with a plan, is in Q. 206, following 
Hunter's letter at p. 257. The approval of the report was communicated by the 
Colonial Secretary on the !)th January, 1804, and the work ordered to pioceed.' 

The fortifications in Lower Canada were in an equally bad condition, but it may 

be sufficient to refer to Major-General (formerly Colonel) Mann's reports with the 
la — E ^ 



Iviii 



CANADIAN ABCHrVES. 



poses ut Montreal «ee. pp. 14 &c Wifh tt t/t ^rr''''^'' '"' """^"'-^ P"^- 
are reports of surveys, rlt„rn«' L of .11 t r "^ '^' ^^'^ "^ ^^""''^'y' '^05, 

with that of the repoHs 1; < tificati^ '''''''' « ^^"^^^ ^^ which 

pectin, defensive p.^.ration. i-. t^' Sa^a otn;:t^;:^i:r''''*^ '"'''"'''''' -«' 

ineo:^:::rtn::,:t::::'^zt:::^^ "^-^-' -^ ^-^ - ^^ a ,reat 

Executive Government on t e ub ct So V'T'''"'"'"''"'" ''''' '"'"''^' ^'^ ^^e 
Captain of the l^oyal Kn,i lo^ Ck!; ^It :^rt ''''."^^^ Mann, then a 

colony, the works round A^treal vZ ^'at wh,I«t ,n the infant state of the 
they were no longer required fn-Ltunr T '^ ''''''''''''' "''^''^'"■^^ '^'« ^"^ians, 

the™ rather a n. •sanc.e\ha:f a eneH ' PaT;?'! T f'^l V'f t'"^ ^"'''^'"" "^^'^'« 
mended should be preserved the ro! 1.. ]. ^^tenal of the walls he recom- 

other purpose in the re-I;'; " of th 1 t " "'^«'^.*'^'- «"'"g "P ^ho ditch, or for any 
be levelled and ImrracksTt t''J^' / "; ^''^f *^' ''"' '" -"•-i<'red, should 
slope Notre Dame stree mi-^ bT T V"' ^*^ '^'^'^"'"^' ^''« "^i" to an easy 

entrance and a great^::.:^! aTZ:^'^:''' ^'T''' '^^^^"^ ^^ ^-J 
the mountain and a road be nresei'ved lo . ?k T " "''"'''' "'^""'^ ^^^''^ to 

would tbrm a tino ,uav o m nde ^L'tl '^ "' ''' '''''''' "'^'^''^ '"' ^-« 

advantage by local Ltorianl. % t-,^"; "^ ':'K''\ ""'''' ^' '^^"^-^ -'^h 



approved of the .emoval of the wails \2 r '^\' , r '^"'^' ^^^^' ^^'- '^""das 
whether the owners of the - djo b: '^n o r^^^^^^ Dorchester to ascertain 

maintained, to have the r p o^! I'^fX^^ ^f ^ '^^ ""^ the right, as they 
Lieut.-Governor, informed the L gislatu^" 1 T. '''"'""'• '" ^^^^' ^'-^^^^^tt. 
property consequent on the ren^ova If ?i "','", ^f/"" '"^ ^^'^ extension of 
Assen.bly to tali measures oprcvonuftir,"'' '"' ''"' granted, desired the 
andstated that the officer commrndrRo'fr ""'' "'""''^ pa«t and present 

plan of the town and iorti^cZ ^ ^^ J "f '."'r' ''""' '^ '''•"•^«'* *" P^^P^^-^ « 
made for the use of the Crow S bTlI for Thi "" ''" "'^^""^ P-posed to be 

General and transmitted to the Colon al V r''^"''' ^'''^''"'''^ ^^ the Attorney. 
290 and in French at page JIS In V "^^ '" '" ^^ ^^"^ '" ^^^"^''i-^h at page 
that the bill had been c'e Jed and wfuL'b ^i ^''V "^ '^^•""''^' ^--^--^^ ^-^e 
be necessary, which wore s!., n T.gt 1 0""; 7'!'; ^"^' '''•^'^^■"- ^ -'ght 
the walls, in accordance with iLTltTlZr ^'' " ^•" ''"^" '^"^ ^«'""^"' «f 

with some amendments, but reserved by S:' CrT'Mir '""' '' ''' ^^^''^''^^"- 
sideration in a military point of view mi^L t h uT '" ''"" '"^' ^''"''^''' ^•«"- 
other reserved acts, wefe assented to by 11 f ' Ltt "^ "T""^- ''''^'' ''''" ^^^ 
decision communicated to Milnes on the 6th 'fM^ 10*"' "'^"■'''' ''' modification, a 
1803, a proclamation was issurd g ii /e^ecft. th'' '' "".' T" ^'" ^'^'' "^ •^-«. 
tow^nd .rtlHcations of Montr^l atf^^^i:;! a:(^- ' r^!'^^ ^^ " "^ 

outi^:i::'::;;:;i:i-^;i-:--;^-^-^^ ^'-- — ■ rtbro. 

east side, toward the upper ond l^^ " ^ Jf wre.ce Mam Street, ou the north 
outhouses on both sides of the streersoon to!r« ^^"^ T^ '''''"^" ' *'>« ^""^''^ ""'i 

0-- .01 was burning, .on foiio.:d^ri^-, ^:^rz:::zz Zl 



REPORT OF THE ARCHIVIST. 



Hx 



the Roman Catholic Chapel on the south-wost side. These, to use the words of the 
report by the magistrates, were " instantaneously consumed." It was with difficulty 
the Court-house was saved. Besides the gaol and two church buildings, the Roman 
Catholic college and eleven houses were burned in the lower part of the town. About 
ten o'clock at night the fire was under control, at the house adjoining that occupied by 
Mr. Justice Ogden. In the subuibs, where it originated, the fire v/as extinguished 
by sunset, after destroying thirteen houses, besides outhouses, stables, &c. Other 
fires followed during the summer, of so alarming a character, that it 8eeme<l evident thoy 
did not arise from accident but from design and a reward of £500 was offered for the 
apprehension of the offenders. With the exception of the first, which took place in June, 
these fires broke out during the first week of August, and the magistrates ottered a 
reward of £250, making with that offered by the Crovernor £750 foi' the detection of the 
criminals. The succession of fires is thus reported. On Monday, 1st August,a little after 
one in the morning, fire broke out and consumed two houses ; on Tuesday moi'ning 
at 6 o'clock, a st.'iblo was discovered to be on fire, but was pulled down, and the fire ex- 
tinguished ; on Wednesday several houses were burned, one man killed and a number 
more or less seriously wounded. On Friday other fires broke out, entirely destroying 
a number of houses, and it was with difficulty the lower part of the town was saved 
from a serious conflagration. Patrols were established and precautionx taken to 
guard against a repetition of the fires. Nothing further appears in the correspon- 
dence in relation to this subject. 

Another fire may be noticed here, that of the Convent of the Ursuline Nuns at 
Three Rivers, on the 2nd of October, 1800, of which, however, no details are given. 



In accordance with instructions, from the Hon. John Carling, then Minister of 
Agriculture, I proceeded to London, which I reached on the 18th of October last for 
the purpose of continuing investigations of the documents relating to the Dominion. 
Since that time I have been daily at work on the examination of the papers, but it is 
not yet sufficiently advanced to permit of a satisfactory report being made. 

The whole respectfully submitted, 



DOUGLAS BRYMNER, 

Archivist. 



31st December, 1892. 



Ix 



CANADIAN 

_^«^^f ^ooks, &e., presented, 



Al.lH)tt, Him. .1. J. c. Off 

l'H'l;inf;lium, Win.' ,. if '/r'" ; ' 



Histdi-icdl Mill 
Iritc 



i.iHonptM C„nuijissi„n 
KroforTC.""'"''''''''' *"'''"'■'"'*'*''•"■ 



■ Montreal . 



Mii«tei- (,f tlic Holl.s T •■■•,• • V, 

ijondon, Kng 



Matliosoii, ]) 

Neill, Rev. K J) 

NVw York )Iist.,ficlils;K.i;.tv' ' ' 
Olm'y, (;,.|i,.g,, X ■"•■ 

IVims.vlv-,„,i,i Historical Socit-tv' 
Kiiynidiiil, l{,.v. X () ^'-"^tj., 

Heiiiuilt, KiicMil 

RoIhmsu!), ,(. I),. Lancvy.' 

^mithsoniiiii Institute 

?,l»'.V,0 

llnvaitos, Reuht'ii (J ... ' ''■• 

Wijicoiisin .State Society, 
liileirniveisity 



. . Ottawa, . 

■ St. Paul, Aii,',;,; ' 



New York, 



. ;St. .Toliii, N.B !.. 

lV>lol>ec 

Krederictoii, N.lV. 

Harric . . 

Madison, Wis, . , , 



Xe^- KaveiK.', 



ARCHtVES. 

with the Names of the Givers. 

■•J0a.se of Lal.radorCo 

•■ U.ciir,ineC,,,.res|,o„d,,„L.,,. 

ihu.<SH,:'"'^''"''^^'''^'-l^'"t...i States. 

■iJ;'""'''!>'-,Vof (!aiiad;i. 
|t'mtril)iitioii.s. 

jVoltin,,. IL', part 1 1 . , 1 .r..^;, '"• 
iVearHook'lo^^SVlV'*'"''''^ 

'^;;;!;;:;*-';'?'-t"r'""i'><«unents. 

i';i .ililiis ( iiiiihrciisis 

'Kt:;^iVil^^^:iy^-«- 

< oii.rtioiis i,s,s(i.«r. 

I aiiiphlct, 
,l'Ml)lic;itioiis. 

Hif<t<)ri,-.d Paiiiiililet.s. 
illrstonc'.il I'aiiiplilet. 

;ii!:;l';,^''"'-^>''>-''l''t'-S..creta,yof State, 178!)Vol. 2 
|J'iNt of Land (;iaiit.s, LS.'C 

Iraii.sutioiis. 
If'poit, ],S!II. 



NOTE A. 

SETTLEMENTS_AND SURVEYS. 

(Continued from Report of 1891.) 

Api'licants, Ac, for Lands in May, 1788. 

{Canadian Archives, Series Q., VoL?,l, before the division of the Province.) 

The tigures following the names indicate the pages. 

A.— All.sopp Goorge, 272; Antrobus, 281, 28;}, 202 to i>09, 311, 312 

Eev/Gi:i'con 28;i "'' -'^ ^ ^^'""'"^''""''^l^^ ^ J^^"'-th«'ot d'Artigney, 316; Bo8twick, 

P. ^;7^ol''.'''''n'' V''"- ^^fr"''^' ^^^' ^''"-'""n. -'71; Chaleurs Bay, 252 2(JC 280' 
Ciiambly, 274; Cochrane, Hon. John, 27-1 to 278 ^ ' ' 

^u ^yrrPrT-''^''""'o'j"''^A'^*^^' ^'^^'-"^''-V, (Bonholot), 316; Davison & Leee 

J._.T(38sup, Maj«r Kdward, 283, 311, Lieut. Edvvard "283 

'>1o\^!nr''^^!''%y' ^?S'<?S' ^tfinphomagog,317; Sim.oe (orLaClaie), 
,V ' ^T»'"'r' ^"^'V ,-'-*""'*'^""'''tH, 268; L'Assomption, river, 267; Lawo Cant 
Ueorge 267; Lees, John 283; Lees, see Davison, 31 I ; Long Sa'ult, 267 ' ^ 

Mc— MacLean, Capt. Lauchlin, 271, Lieut. Neil, 271 

M. — Mann, Edwanl Isaac, 280, Isaac. 279 Isaac innioi- '^fto 9>7(» t i o»„. 
Thomas, 280, William, 280; Murray, IJichard' 283 ' '' ' ' ^^'^' ■^^''"' '' ' 

N.— North West Co., 262; Nouvelle, 259. 

O.— Ottawa, (Grand River) 266, 279 284 314 

P.— Porter, Asa, 317 to 322. 

R.— Rochebluvo, 269, 310. 

V. — Vaudreuil, Seigniory of, 266. 
W. — William Henry, 281. 
Y.— Yacta Point, 259. 

Applicants, &c., for Lands in July, 1788. 
(Canadian Archives, Series Q., Vol. 38, before the division of the Province.) 
The figures following the names indicate the pages. 
A. — Allsopp, George. 104. 
^^^B._Boacherville, Capt.de, 44, 46; Bourdage, Louis, 127 to 130, 135, Widow, 
,„^ C.— Canadian Companies, 44, 46; Cataraqui 133- Chimhlv -i^-nv,.! r. 

.,v, /■■;t'>'"1^''' ""^'l!^ ^"^ (potitionB respecting St. Mau-ice forjres llo 
Thol.n/^^''''"'"' '*".' *'\.^^= I-^ortune,' Col. William, 38 134? PnvLch 
TherSseDelouagne, widow of, 101; Fromontoau, Louis 127 135 
7a — 1 ' 



ivucherville. 



«» 



OAN.VntAN AUCIIIVKS. 



bi 



(;.-(;.ini.>lin, IjxiuHW, 101. 102; (iiisry, (;,„„.„,1, ((■,„■«,.« \1h:\) 104. 
II.— nolland. Major Hamiiol, 12S; IIo1i.,«h, rii.Mi(.-(\.|. .hiinos i;}2 1:15 
.1.— .Idliitsloii, .laincH, 104. ' ' 

vu^ ';--''"'V";l'^"'.''^'^"'"'''''--"''l''^^<''' I'^fi^'m.o, 101; I.ak.-, Mo.nphnMnaK.nr. 42 
l.W LakoM l-ram-iH, 4r); I,a \ oran.liy, Soi^iiory, 101; Iamh, .l„l,n, 105. 

LiouK i^;!;;:;;! -fc l^r' "' " '■"' ^'"■''"^'' '^'""■'^''' '^'""""' ••""'"•.•'«. wuiow or 

N.— Nia;;ara, i-'ort.. .-id ; Nivorvillo, M. <lo, ,'{7. 
(). — <)N\voga(('liio, 1;{.'I. 

100. Micliai'i, 102, I'lorrc, 102; l'ric.>, lU.iijaniiii 104 ' 

I^>u^'^i;:lt,^;^vu:^'''"• "'• ^""^^"' '•' '"• "• "''•""••'^- •*■'- ^■"•"-'-- '•'••> 

!,(.<) lO.f (l.S.t, 10.>. 104. (h-opori on (ho inuu-H, will. .lolailH 100 lo I0!» and noli 
l.onsby |..„lay, 1 ... Ill) (O,!,..,- .lo..„,..un.H rolali..,^. (o M.o rorKon/l 2 . i( 
M Maunoo, So,,^M..o,.y. 100 102 Si,ooll.,-o.l, .lol.n, ;ir,, (.•o,h..-(h. ron!li,io„H in r,.on..ii 

C! I.os lo'>''''''"'' " •'^''"""*' '"''' *''"''*"' ''^'' '"'"'' ''' '" '•'•) ' '"''"'<>"'H'>. 

T.-Tasolioroai. Tl.on.aH.Ia.Mim.s. 102; Tl.ico Jlivors, 100 ; To.l.l .lainoH lltf, 
\ .— VariM.ncH, Siouido, 101. , .mu.hh, i.n,. 

W._\Vatson, Hrook, 104 ; WohI (^l.oHto.^ KVIukooh, 1.(2 ; W,)rM.i..Kton, John, 41. 



Al'I'l.irANTS, iVc, KOll IjANHH KKOJl JlJi.V To OfTOHER, 1788. 

(Camduv, Archives, Srries Q., Vol. HO, before ihedivimn of the Province.) 
Tlio tio'iiioH followiiifr iho MftmoH indicate tl.o pa^fon. 

Joso)h"oi^ """'''*■ *''''"'^"'' '"^^ *" ^^'' '^'""''•''" "'■''"''' '"' •'"'"'• '""^i Andoj-H...,, 

,, ,T'^''i'o ''';;■" ;'•"'"'.'. ".'>io»<- 'n.o,.iaH, 77 ; HoasNy, liiH.ai-.i, iKi ; noU.nno 
lov loi.n, ,S8, 1 ouol.orvilio, Mario Mar«;rito do, widow of La (^(.rn.« St. [,.„. Si)' 
l.:.dt.(apt. A.,drow. 77; British Militia, 07; Hutloi-, Liout-Coi. John a..<l oflioons 
01 uai)iijor«, I ( . 

., ^'•-rl>'^*.Y*''y»''. '^'^- ^'"'*'- *'"'■ '''■' "'""^ William an,! Janios, 84: (^amnhell 
w.doNv Aln^a. I !»4. Ma,or(\,li,., 00, (ioo.-^o, 10;{, I.io„l.-(;o|. .lol,.., 00 ;' (Japo i)ian on 1 
80. (•a,-,i!on.S7,>'0,01.00; ('ataraqui, 01, 08 ; (^harlotlonl...,irl,, 88 07 (M.iH.om 
Aoxa..io,M02 Chu.-d,, Malaohy 104; Olivor, 104, ClarkohUa; Winllow IS 

r Ti'''"*VT'f \/ "''■'''• ;'x''''''^' Cook-, Mi(>h;,ol, 05; Cornwall, 88, 07 
Covol. .Simon. 8t) ; Ciirot, MoHsr.s., of Montreal, 0!». 

I'. — IVdog'an, Piorro, 05. 

K.— Kdwardsbiirg, !t5, lO.'i; Krnosttown, 00. 

F. — Farqu liaison, Jainos, 100. 

ir~u*'"''''"'^'' '"^"■'''' '^' ' '^'*'"'''' Hicliiud, 04; (iray, Major James 05 
^o T,T •"'''' ";';'"^^'"<"J^'*-"'- lli^'i'T. ^7; narkimor,Capt.,'02; Harris, Liont -Col 
^0: Hay, Lioul. Ilonry, 85, widow ot John, 85 ; lluirhos .Faincs 01 

^\7'u<''r',' ^■^•|;"'\v^' •'''•'""'''•*'"''""'''• ^'"^ *''■""''• '^1- t^^arl'oton, 08, (irand Islo 
^now W olfc Island). 85, 08. 00. tironadicr, 08, Tanti, 08. , , .n . isit, 

J.— Jaoquot, Francois, 00; Johnson, hoirs of Col'. (Jny, 08, Sir John •t7 <)8 Sir 
John for ofhooi-i* of the Kini^'s Royal Jioiriinont of Now York 70 - - • ■ " 

Iv. — Kingston, 00. 

0. ^"v ",'"■"• iMi!'"^^- f'"'*",^"'"' '"'• Momphromago-.Ol, Ontario. o;i, St. Francis, 
.•4: La Motto, ^\ illiam, 84. Landr.aux, Antoino, 02; J;oako, hoirs ..f Major 00 • 
Lonijfiiouii. Josoph do Of?; hnn\ r'!i/..h.>!!i ()■> rr.u<.,-.l. w r ..• • Ti • ' 

> ornonii (ii> t. iti n mimo ot ' • ' 



Mr.— McDonell, Lieut. Angus. 07, Lieut. Archihaid 



Mackay.John.Sa, Samuel. 8:i, widow of I 
lOL 



85, Major .fames, 8.f); 



'apt. Samuel, 8;{ ; McKinnon', Lieut. Donald 



NOTE A, — SKTTI.KMKNTH ANI> HIIUVBVH. 



8 



l.'lf). 

05. 

'■>->, wi<l()w of 



<>!' Miiuric'o, 
niiNkii, i;jO ; 

I'ico, fbr^HN 
II!) iiiul puli 
\2 lo 12(J); 

H ill I''|(<IIC|| 

Siiiioiiiiol, 

lllU'H, L'tf). 

I, Joliii, tl. 



nee.) 



AndorMoii, 

; Hotliiinc, 
:. Luc, SI); 
11(1 otlicors 

Camplioll, 
Diatnoiid, 
CliiHlioIni, 
ihIow, 80 ; 
ill, H8, !I7 ; 



jicut.-Col., 
rand IhIo, 
17, !»8, Sir 



. rraiK'it*, 
[ajt)!-, -Ml; 
Frai^joiK, 

itnoH, 85; 
t. Donald, 



M.— Maroliniid, IjoiiIh (\m twrvW.m 7!>) ; Mnrchotorn^ hi.niH, !I0; M<3ckloiihiirirli 
)iHt,riol. !)0; Molloy, .lamoH, lOIJ; Miinn., Oapl. Un^h, {»(i ; Murray, widow oC Linit' 
JJiiiK'iin, 100. 

N.— Niaj;ani, 100. 

().— Oiillat, widow, !I4; OHriahnick, !ir». 

xr .^'■~:W.'''"M"''!U."r'' ■'""'"••'"H, Aiiniliani, !K.; I'uiiiilirtcutiank. in 1(4; I'otite 
Nation, !»r); I'owoll, VViIliain Diimtnor, 7!>. > > 

(^.--(^liiilr, Mayor, !»8, 102. 

R. — UiiHloiiJ, I'Vodorirk, !»0 ; Uoirimoiit, 841 h. I'roportioii olKranlH to oa<di rank 
iiaii.oly, t,o hol.l ollii^orn, -1,000 aoron; (wijitaiiiH, '{,000 ; HiihalloniH, 2,000 ; iion-com- 
miHHioiiod offlcci'H, 200; jinvatos, 50 ucith, 75; Rivor Olial.miiLniay Hll <»0 D.-lroit 
84, (iraiid, (ho(i Ollawa), OUawa, 70, 80, 85, 88, 01, !Ki, !»8, ;»!(, 104 ' ■ ' . 

W.— Wt. I^"<', widow of La (Jornc, 80; Hi. SiilpiV-.^ !»;;' Smith, I'oter, it.i HiiiyUi 
(.oor^o, Naval oHicor, :»!, Toioric.., 01; Hponcor, Moniarniri, 101, llazloloi, 101 •' 
Sliiart, Rev. .loliii, !I0, Wydiioy, 10;{. .i . • i n, lui , 

Ml ''';77'''""'"'"*''^' ^'^I*' •'''''"''' "^^i Thiirlow, 10;5; Toronto, 00, 02, !»;i, 04; Twelve 

v.— Van diM- lioydon, Mr., 102; Vaiidroiiil, Soi^Miiory, 01. 
\V.— Wc^iiiicr, Jacob, »a ; VVin^r, Alualiam, .lunior, 02! 



Ar LroANTH, Ac, Koa JiANns in Mabcii, 1780. 
(Canadian Archives, Series Q., Vol. 41, hcfon; the division of the Province.) 
Tho ti^'iiicH followiii/:? till) names indicato the pa^en, 
A.— y\ndorH()ii, Robert, 2;j!», William, 2;{8 ; ArmMtrong, Johh.', 2:i8 ; Aylon, 

iH.— Meuudin, Mjidumo, 241!; HoILk, Hiwijainin, 244 ; Hi.stodoau, (or HiHtadoau) 
A.Uo.„o, 24:5, 210; Robb, Jacob, 24:J, 248; Ho.ulroH, AlhinaHs, 24« kwrmm .lob, ' 
2.18 ; liiircli, John, 250. ' 

0. — Oiiidwoll, Oaplain, for IiIk hohh, Williai 



-.);;; ^^uiiniM^iiaiii, jonn, ::.;«, 1., rtcnior, 2;{8, 'J'liomaH, 2.'!M 

B.— DaviHon, John, 2:50; Duy, KiiaH, 2:17, Itlianiur, 2.-58, Ithamar Junior 2^8 
JoHC, 2;j8, ThornaH, 2;n; Do Linlo, Rev. 0., 2:i2 ; Dc«-(,„tlro, Aubin ' 246 • Dillon' 
Richard, 2:iO; DuncanHon, James, 2:{8; Duthio, John 245 '". ^^t*. '^'"o", 

M^ !?;;r'?'^'^"r'"v!l''^''^'^'^' ''^'i^'^'j«ll'town,240; Hm^rmm, John, (bin Horvicen &.• 
44), 240, Joseph, 2.57. > "• v 

.. 1\-— l"^'irq"'7i''»^<'n, . Tames, 2:55 ; Koryuson, Alexander, 2,50, Joseph 2,'!7 ■ Vjnnov 

wS,!!': 280.'* '""''"'' ""'' r-ut. Louis, 241,' 247; FnlserrmLn 2^! 

(T.—<;alottc, Vieillo, 2.-54 : Galway, Alexander, 238;(mrfioId Jos 2:58 • Gii.Hi,«i 
24(., (I.tte) 245, (Jenevuy,Capt. Lewis, 2:}(J; Gibbons, .Jumes, 2;W ; Gill, John de 
Ooui-cy, 242, 248; (rordon, John, 2:58; Graham, T., 240; Grant .lohn 2-^; "s8 
Green, .lames, 237; Gregory, P. Wharton, 2:58; (Jn-ig,' Jam^s 23!) ' ' ' " ' 

ll.-Iladdeii,Rohort 230; Hamilton, Robert, 250 ; Il'arris, Lieut.-Col 234- 
llarron, George, 230; Holmes, Renjamin, 232. > '^•»> 

J.— Island, (frand Calumet, 23(1, Tonti, 235; Iver, Alexander, 237 

J.— Johnson, Sir John, 235, for heirs of Guy, 235, for heirs of M 



235; Juncken, Henry, 237 
X.— Kin<^ <r.-.HfVA,= 'JQ( 



ajor Leake, 



ay, 230; Kingston, 25': 
L.— La Corne, widow of St. Luc, 234 ; ^^.. 
Hypniite, 24(5; Lake St. Franci-,, 2.33, 234, Tern 



Nath 



iiiiel, 237. 



<rt 



-li 



Ifiold, 
Lafontain 

iscouata, 234; Im Motfe.'c 



e, F. de, 240, 249; Lafbrce, 
apt. W., 



CANADIAN ARriUVKH. 



234. ^ MM..io.-n, '"'i.mu.r, I-ninp,MH, Voniouil(lo,2;{4,(iuill«,„„,, 




I'owoli, W. hnn.mor. L';i;! ' ""'lip^ lu.l.orl, L';{|» ; |'ui„„> la (>,,i.^., o.,r, ,' 

Q.— Qiiolu'c, Lower 'I', 



.3S ; 
I, 

bi). 



V.C.— v,,'uciu'c, liow.r Town, 21.'! L'Ki "I'l- Onini ; i< . r .. . . 

298; so;;;;h';v:;.t;;;:;/'::ri'''sr;!;;.n;'';s;' ""^"•i'f: •'•"';•' ^•'••; s-yi.. i^<iwani, 

SwooHaiul. Iloiuy. 2;{S. '' ' ■^"'"^"'' •''»"- -•'« I Stn.d.an, Isal.olln. L>;{!» ; 

T.— T.'lfair/.iolui, L'.'iS; •|'|„„i,i,s, CI,,,,.!,,-. ".i'> •> m • 'ri 
wulow of i'o.or. L>:!S. Tl... -i7 ; Toronto j'li 248 ' "' ' ^'"""'" 

V . — \ ill Id, I, on is. 24(1, 2l!t. 

William, llonrv, (town) •';{2 2r{ -'m w; ' -i V 



■<on, I'clor, 2;{S, 



'l'l>, Mililia man, 2;{1» • 
-':i7, \V. John, 2;{8: 
238. 



Applicants, Ac, nm Lands in .lur,v I7S<) 
(Cana.Uan Ar.,ures, Senes Q., Vol. 43-2. before tke. aU-i.ion 'of tkc Province., 
Tho riiruros (ollowin.i;- (l.o names incli,.;Uo tho ,mgcs. 




K.-K,nostunvn. 5G1. 5.15 ; Htio^ "Lo;;i;;n(;S; 

^1 .-horrtS J. B., 5b(i ; Froment.au, Louis, DCS 

v>. — Ctananoquo, (t^oo also Riv.Mw^ r^r-o . /. . ,,. , 

nl, -wis^ 1 . ^ ^^ i<i\tiy), .,.)8 ; (.unn.ir, J{ieh„rii, 507 ; Gouin 



Josopii, 508. 



DuMieanr'""' '■•"'"«»- »''«^ ■I"h"«., Sir ,7„1,„, 548, 55,1, 55f 5K1, r,84 ; J,.,,.- 



Lo 



i<>vt'n§al, 571; Le Tend 



nguouil, Joseph do, 509 



re, Antoino, 508, Joan B, 



can, dit 



iplibto, 508 ; Lines. N;uhaniel, 55 






{^i Ivinlon, 
<>iiillaiinn'. 

-';i!». .iciMi. 

flt'l'liorsoii, 
Iff, Jainpb, 
Il(w, 2(1. 



:!H; Potit, 



-'.'!.•{, •-';!!, 

-'.15, un. 

•I<»'; UoUh. 

I, I'll I wan I. 
i Slanlcv. 
'liii, 2;{!» ; 

I'Icr, 2;{S, 



nil, 2;i!»: 
)liii, 2;t8: 



ncc.) 

luMis of 
I5ay, 557, 
I'ioric, 

CJouiii. 

'; 1%, 






NOTK A.— SETTI.KMKNTH ANJ) HlIllVKVH. 6 

JVIc— MoKiiinon, Lioiit. Donald, 5(»7 ; McJakxI, Norman 5(i!) 
M.— MarHlovillo, Ai.l.)iM(., fXiH; Mui.n, Isaa^ 557, 5(15, William, 557, 5f;B ; 
Muiel.otono, LouiH, 5(i(! ; Maianno, Hoigniory, 507; Mil.ot, Aiiloino, 5f;H, (.'hailoH 
5()7 ; Moorii, .loHopli, 5(i!», 570. ' 

<>. — Ofillat, licirH of 



<>. — Onllat, licirH of , 5(J5, 

..„^'-rr''"^'f"'".'-''''l' ''•!".'' ^>r''"'""' ^'>''"'"^fn. S''!. f>'»2, 553, 5(;5 ; Joan IJaptiHto, 
.»().; i'oinisiiHciitiaiik, 5ti7i I'lodmoiit, 570 : l'iltHbiir£r 557 
Q.— (^ioIh'o, 555. ^' 




TowNsriip OF Lanoahtbii. 
{Canadian Archives, Series Q., Vol. 45-1 and 45-2, h.fore the dioision of the Province.) 

First Concession, page 295. 
(Kacli lot contains 200 ac-ioH.) 

H.— Bland, William, lot 24; UiiHid)y, Thomas, lot 1«. 

C.— Cainoron, Alcxandor, lot 25,.loi.n, A oflot 'U) ; Oamnboll, Widow, |..t 1.-5 
1).— Dixon, Jane, J, of lot 30; Dunn, .lolm, lot 20 

Will!>im;A'Si;"27^''"""'"' '"' '^^' '^'■""■' ^'^^"'"'•"•. i •>»• '"t 1^7, .lohn, lot 10, 

ll'—'^w'''' •''^'"•'•'^. '"* -' • "yl^"'. Nathaniol, lotH 17, 18. 
Mc— MoFall, J.ieul. David, lot 4; Mclnt.mli, Pclcr, lot 5. 
M.-MomsoM, heii-H of (J., lots 1, 2, ;{, Jamo.s, ^ of lot 15, xMary, A of lot 15 
K— KosH, Donald, lot 20, Tlioma.s Hon, lot 2i), ThomaH 'J'aylor 2H 
S.-Suthorland Alo.xan.lor, l.,t 7 aiuU of lot H, Anna, A of lot 11, (iecn'o lot 
U Joseph, lot 0, Mary. ^ of lot II, Thon.as, h of lot 8, J.ic.t. Walter, lots l),' 10, 

Second Concession, page 21t0. 
(Lots 1, 2, 3 and I each -f lots 7 and 8 not ^'rantod.) 
B.— Bakor, Bon, h>t 1 1 ; Elakoly, Widow, \ of lot 15 
Juhn^'ilJlcTtT"' '^''^'"•^'''' '"^ -^i Ciiroy," (Curry "0, John, -A of lot 8; Curry, 
iC— Dunn. John, lot 20. 

F.-Flynn, John, i of lot 15; Fouda, James, lot 14; Fountain, Jiichard, lot 17 
(.-(rrant, Alcxandor, h of lot 27, John, lot 11», William, ,i, of lot 27. 
11. — Hair, James, lot 21. 
J.— Jonson (or Tomson), Edward, \ of lot 5. 
L. — Lemon, John, lot 13. 

lot 4.^^'"'^''^^"""' ^^''''""■•^' '"*'^' McDowell, John, lot 12; McFali, Lieut. David, 

r— Powell, Jack, lot 1(J ; Piince, Cato, lot 10. 
Jt.— KoHs, Thomas Taylor, lot 28. 



S.— Sc 



+ of lots 9. 24 



arret, John, lot 18; .Snyder, Jacob, lots 22,23; Sutherland, Lieut.Wai 



ter. 



T.— Tomson (or Jonson), Fdward, I of lot 5 
W.— Williams, Moses, ^ of lot 7. 
Y. — Young, James, 10^20. 



CANADIAN ARCHIVES. 

Third Concession, page 297. 

H-Bi/coVben' lot'l/'-' Ml' IS * "'vt'^ ''' V"' ^^ ""'' ^ «<" 28 "ot grunted.) 
onot28. ' ' '' "'"'^"'"y- Wxlow, k of lot 15; Bowman, Luko, { 

lot ol'widoTP lot's"' * '' "^' '"' ''"''^'"' •^"''"' * "^ '«t 26; Curry, John, ^ of 
K.— Edge, J\rury, lot 29. 

lot s^'-^^'y""' ■'"''"' * «<" '«t 15; Foudu, ThomuH. ^ of lot 14; Fountain, Riehnrd, 

G.-Graham, Thomas, lot 22 ; Grant, John, lot 1!) 
L.-Lomon, John, ^ of lot 13; Londonderry, lot 27 



Land Board ok Mkcki,enbuko. 
{Canadian Archives, Series Q., Vol. 45-2, before the division of the Province.) 

Schedule \, page 307. 

L.ST of reduce,! offic... of ^'-vineial Cor,, who applied for land between the 

17th of June and Uth of September, 1789. 

2nd Bait. Royal Reg. of New York. 
Capt. JumcH McDonell. 

" Geoi-ge Singleton. 
Lieut, Hazelton Spencer 

" Oliver Church. 

" John Howard. 

" Henry Young. 

" William McKay. 
Ensign William Crawford. 

'' John Thompson. '"' '''' '''''''''' "^^P^" ^™"^«"'- 

-, . Xing's Rangers. 

Major James Ilogers. 
Capt. John Walter Myer. 
Lieut. Hcnrj' Guimon. (?) 

" James Robins. 

" James Parot. 
Ensign .Tohn Peters. 

Richard Ferguson. 

Schedule 2, page 309. 
List of old settlers who applied for land during the same period. (The figures 
following the names show the number of acres granted) ^""'^ *'^"'^''' 
A.-Abraham, Christian, 200; Anise, Jonas, 200. 

B.-Barthooraevv, Peter, 200; Booth, Joshua. 200; Eoyco Stebhen '>00 
C.-Cole, Siinon J., 350 ; Conklen, John, 200. ^ ' '''^t^'^""' "^^■ 

1).— Davis, Henry, 200 

^-(Tardener, Henry, 350 ; German, John, 200 ' 



NOTK A. — SETTLEMENTS AND SUKVEY8. 



t grunted.) 
1, Luko, I 

.Toll II, \ of 



, Richard, 



Jacob, lor 



ince.) 
ween the 



3 figures 
I. 

Iin, 100, 
)b, 200; 



.1.— JohriHon, William, 200. 

Mc. — McDougall, Peter. iJOO; AIcFtig/j;ert, James, 450 ; McKonzie, Colin, 600. 

l>._Porry, Robert, 400; Putnam, Russoli, 150. 

R. — Rambourg, Amos, 300; Richards, .lohn, 200; Rogers, David, 2«!0, Jamep, 
junior, 200. 

S, — Smith, Michael, 200 ; Snyder, Abraham, 200, Simon, 200 ; Spencer, Augustus, 
200; Stoner. Martin, 200; Storms, (filbert, 400; Swan, Charles, 200. , 

T.— Thomas, Peter, 200. 

v.— Van Dwien, (^onrade, 200. 

\V —Waikei', Daniel, 200; Washburn, Bbenozer, 200. 

Toivnships mentioned in Schedule 2. 

A. — Adolphustown. 

C. — Carletou Island, 

K, — Krncsttovvn. 

F. — Fredeiicksburg. 

K. — Kingston. 

M. — Marysburg. 

P.— Pittsburg. 

T,— Thurlow. 

Schedule ;{, piuje 371. 
List ok Persons from the American Shitos and elsewhere admitted during the same 

period to become settlers. The names of the townships not returned. (Kach 

settler received 200 acres.) 

B. — Bushel, Richard. 

C- Conger, David junior, Peter do Sydney. ■ 

D. — Demarce, .lames, Nicolas. 

F. — Foster, Oliver ; Frederick, Peter ; Fretz, Jacob. 

II. — llanna, William; Havens, John; liennesse}', James; Hunt, Philip; IIurtF, 
Au/.el. 

Mc. — McMichael, John. 

P. — Paddock, Solomon. 

S. — Smith, .Jacob ; Snyder, John, William ; Stuart, Alexander. 

v.— Vilia, William. 

W.— Walker, William. 

Y. — Young, Robert. 

Schedule 4, page 372. 
List of Lands granted between Ist October, 1788, and 23rd September, 1789. 

(The figures following the names show the number of acres granted.) 

A. — Asliold, I.saac, 100 ; Attwood, Benjamin, 100. 

B.— Babcock, David, 200; Boice, Stephen, 200; Booth, Joshua, 200; Bradt, 
Peter, 100; Brown, Stephen, 100; Bushel, Richard, 200. 

C— Clapp, P.cnjamin, 100, Elias, 100, Joseph, 100; Clocker, Joachim, 200; 
Cole, Tobias, 100; (."onklin, John, 200; Crawford, Ensign William, 200. 

D. — Demaree, .lames, 100; Duroe, Samuel, 100. 

F.— Ferguson, John, 100; Fincklo, Henry, 200; Foster, John, 20O, William, 
100; Franklin, .lohn, 100, Joseph senior, 200, Joseph junior, 200; Fredericks, 
Conradt, 100; Fretz, Jacob, 200; Frileigh, Christopher, " 100, .lacob, 200, Martin, 
200, Peter, 100. 

(t.— Galloway, Samuel, 200 ; German, John, Senior, 200; Graham, Richard, 100, 
William, 100. 

H.— Hanna, William, 200 ; Hartman, Dayid, 300, Philip, 200; Hantz, John, 
100; Havens, John, 200; Hawley, David, 300; Hennessey, James, 200; Hesse, 
.Tacob, 200; Hough, Barnaba.s, 300 ; HufV, Abraham, 100, John, 100, Solomon, 100, 
William, 100. 

J.— Johnson, James, 100, .John, 100, William, 200. 



8 



CANADIAN AKCinVE> 






m 



K. — Kino, KraiiciH, 100. 

L. — Lake, Nicholan, 200; Lanolin, (Laughliii ?), Aloxandor, 100; Leode, 
GodCioy, KtO; LewiH, llicliard, 100, Williarn, 100; Lipscomb, Captm 100; Lodk- 
well, John, 100, Mattiicw, ^'Hi 

Mo.— McAtoo, .Toiin, 100; 3lc,U(>Uijf.ill, PoU-r, 300; McMichaei, Joliii. 200. 

M.— Marwh, Mathia*. TOO, Mi-;, thoman, 100; Myei-H, Capt. John Walter, 200. 

N.- NylMar, Nicholas, 100. 

O.— OHiriim, Hiidoif 1(»0. 

P.— Paddock, Solomon, 200 ; Pony, Robert, 400 ; Purdy, (lilbort. 100. 

R.— HaHbur. Peter, 100; Keid, John, 100, Williair., 100; RohiiiH, Lieut. 
JamoH, 200. 

S.— Smith, Abraham, 100, .lacob, 250 ;uid 200, James, 200, Micijael, 200, 
Richard, 200 and 100, Samuel, 100, Thoniii^, lOO ; Spencer, Benjamin, 100, Henry, 
100; Swick, Philip, 100. 

T.— Thomas, Peter, 200 ; Thompson, Timothy, 200. 

v.— Vandorlop, John, 200; Vanhorn, darrot, 100. 

W.— Walker. David, 200, William, 200; Williams, Samuel, 100; Willsea, 
Abraham, 100; Winney, Henjamin. 100; Wood, Juim, 100; Wri.i';ht, llohcrt, 100. 

Y.— Yedman, (Yeoman?)'. Kleazer, 100; Yeoman, Arthur, 200, David, 200; 
Young, Robert, 200. 

T0WN8HIP.S mentioned in Schodulo 1. (The townships, concessions and lots are 
placed opposite the name of each grantee in the schedule.) 
Camden, Krnest-lown, Fredericksburg, Pittsburg, and first township below it, 

Richmond, Sophiasburg, Sydney, 'I'huilow. 

PETITION! Ks AT MONTREAL (lei)orted in January. 1700) for lands on the Ottawa, 
page 388. 

B.-'Bloornes, Nicholas ; Bradley, John ; Bright. Lavis. 
0. — Carpenter, Peter; Camming, .Fohn. 
D. — Dogstrader (Dockstrader?), Aihim. 
K. — Kayser, Melchcr ; Killimere, (reorgc. 
M. — Martin, John. 
S. — Schaum, John. 
T. — Tiring, .Tohn. 
W.— Wallace, William. 

Enumeration of settlers at Hamilton, Hay of Chaleurs, who have no titles to the 
lands they have occupied since 1702, with the number of arpents. The number 
i^f arpents follows each name. 

(Canadian ArcJdoes, Q. 45-2, j)<J(/e 399.) 

TO THE SOUTH-EAST OF THE RIVER. 

B. — Babin, Ambroise, 75, Thomas, 18 ; Bourdogo, Esther Leblanc, witlow, 300 ; 
Bujol, Charles, I'aind, 75, Charles, tils, SO. 

P.— Poirier, Charles, 72, Pierre, ()2i, Piei- ■ dit Parrot, 100. 
R. — Richard, FrauQois, 02J, Jean Baptiste, tJ2^. 



TO THE NOUTII-WEST OP THE KIVER, 



A. — Arceneau, Gicgoire, 00, Jean, Vsi\n6, 60, Joseph, Capitaine de milice, <!0. 

B. — Bernard, Isaac, 60, Jean, 60 ; Bourg, Joseph, 60. 

G. — Gauthier, Joseph, 00. 

L. — Lavache, Jean Baptiste, 60. , 



100; Leodo, 
100; LoriK- 

,, 200. 
Waltor, 2(»(). 



100. 

ibinH, Lieut. 

licliuol, 200, 
100, llenry, 



)0 ; VVillsea, 
Robert, 100. 
David, 200; 

siiid lots are 

lip below it, 

the Ottawa, 



titles to the 
The number 



willow, 300 



nilico, (>0. 



NOTE B. 

LOWER CANADA IN 1800. 



LIKUT. t.o\-Kl{N()R MILNKS TO THE J)[KK OF PORTLAND. 

{Canadian Archives, Series Q„ Vol. 85, />. 228.) 

Quebec Ist November 1800. 
Mv LoBu,-~t)„ my first takitif,^ upon myself the adminit-tration of the affaii's of 
lus i'rovince, I was oxtremoly struck with tho wavoriu- state in which I found the 
interests otUovernuiont. I have since been at much 'mins to discover tho real cause 
oi his situation „f thinn>-, which I plainly saw lav deeper than, T believe, is irenor- 
rally supp(,.>e.l i,v His Majesty's .Ministers, and l' am so forcibly impressed with a 
j.ersuasion that ihis subject ought to be attended to, that I feel it mvduty to lav 
neiore lour Grace such remarks as have occurred to me rospectin;,' it, 'in order that 
> our (.race may bo fully appn/ed of tho real state of the Country, and take such 
1 K-asuresas you may think tit to strengthen the Executive Power in Lower Canada 
II wever excellent in itself the newCcmstitulion may be which His Maieetv has 
.sraciously been pleased to tirant to the Province, 1 conceive tho Foundation of it 
must rest upon a ,'!ie proportion being maintained between the Aristocracy and the 
Lower ()rders of the People, without which it will become a dangerous weapon in 
tiie hamis of the latter. Several cau~e. ut present unite in daily lessening tiie Power 
and iMfluonce ot the Aristocratical liody in Lower Canada. I cannot howevor but 
think that measures might be adopted to counterbalance in some degree this 
tendency and I shall hereafter have the Honour to point Ihom out to Your Grace 
but in Older to mak myself clearly understood, I must first explain what I consider 
to bo the principa ca.ses by which the Inliucncoof the Aristocracy in this country has 
gradually been reduced to itspresent slate. The first and most importantof these I am -f 
opinion arises from the manner h. which the Province was originally settled ; th; t 
is from the in.lependent Tenure by which the cuitivat rs (who form the great Boci 
of the leople ami are distinguished by the appellation f Hubitansj hohl their Land^ 
and, on llie other hand, from the inconsiderable powi retaine.l by those called the 
_eignours and the little dis]M)sition they feel t ) increu.e their Influence or improve 
heir 1-ortunes by Trade. Hence l.y degrees, the Canadian Gentry have nearly 
become extinct, and few of them on their own Territory have the means of living in 
a more affluent u>ul imposing style than the simple Habitants, wh- feel themselvos 
in every resjj. ■ as independent as the soignem himself, with whom they have no 
tur her connoxiuM tlM.i nun-ely the obligation o; having their corn ground at his 
Mills, paying the Toll ol a tburteenih bi. .|,el, which they consider in.ro as a burden- 
some lax than as a Return to him for the Land conceded l.y his family o their 
Ancestors forever, upon no baider conditions than the obligation above men oned 
a trifling Kent, and that of paying a Twelfth to the Seigneur upon any tran '-r of 
the Lands. ° i j .^^■ 

The second cause uhich I apprehend tends to lessen the Influence of Govern- 
ment m this Province i^ the prevalence of the Roman Catholic Religion and the 
independence of the Priesthood; this Independence I find goes considomblv fiirth<^r 

nan what was iniended Lvti-.. Royallnstr actions wherein it is particularly declared 
to i.e Ills Majesty's pleasire. ■ that no persoii wliatsoever is to have Holy Orders 
;' conferred upon him or tu have the Care ,. <nnh, without a license first had and 

• Obtained from the Goveinoi," kL\,kc., but i., Instruction has hitherto never been 



:-"£■ 



10 



f'ANADI.VN ARCHIVES. 



thomsolvoH Ht Hll u.ne.,»I.Ku« „,.y <.t S owl .. ', '?. ',•"" k \'° "''^ ''""«'^*''- 

f;:^^;;. ;;;;^ --ten } fq- 

everything .Iwu was proper ,o/:ollonn,ul;i\x:^^^^ "^-^^ '•«l"'-«nl"tion he did 

Govi:;:;rHir"h:^'on;.:!''i:;.^:;;j;;t:^ ;r''^"' '" 'r^vr \""-'- - 

ordiKeml)odyin-,lH^Mililia b.l Ir In V ne.esHity which then oxintod 

circumHtanc-cH wi i ■, Zi lace a ^w^. -^ "" "!?""'• ^'^ ^''r,'"""' «""«i'lenn^^ the 
or prudc.nt ,o .'all , the 1 I itia -^t L^n wi T' '*'"' " ^""'•' '"''•'^'>^''- P'-"^'ti?ahlc 
into this Huhjcot at pro ont oL| h, :'!•!" '"""^""' ' ^''"" ""^ «"' '^^^ *■"■•"">'• 

its pro«ont statisaH Su bv v,o V' T '^''''^ "'/'''' Militia, oven in 

the time of French (iovoLntnO,. h^^ • " 1''^" "^'^^' ConHtitu.i'n. In 

sufficient ,0 enforce t h^ C u im. ^.^ v ^^ Ki"K ^""^^ 

withoutanvdiscussion,?d<iS,l cennoM L^^^^^^^^^^^^ '^-^ ''"'' ''^'^^'»'''' "^'P'^Lont. 

of the unle,te.-ed Ilal.ita ,V 1 uh " / m^^^^^^^^ entering into the nund 

plJniTh; rt^iHs i!i~ i:r.^j.f^^;^i^ 

Executive Govern.iK<ntwilMnsens^ihff I ™ could win, the Power of the 

as T have already hinted hLvo "^ ffici. nf T? !""^'- ^ '"'>' \^''' "^ ^''« Sei.iineur., 

BimplicitV, liable .' S. n"i. i^v £ , Zr t .""',' 1 'l.T'™,"" """, -'«"'« 
made sensible of their <,w,i IndeDemiT- en bl ,1^ ' "'' """ "'»-'' »"'« 

They .,ro, in liut, the solo ino|Stor, , r;,.k al ?bl '""'"^I'Ti" T'S*" ""'"■ 
Canada. Tbo Snicneurs ,nd P,.,.|™ ,' ^n ■ c'luvated Lanil. in Low.i- 

onvinaiiy ,»,Z>"Ci:.g'l^^Z'::l^;z, ;;;• .'j "r.„ ',",■ '""•" -"'i" 

little or no reserve to the Cul,ivnt,,r /n ? if ' ^"° ^'"'"''^ ^"'" ever, with 

acres, retainintr on v as I )?.,!. ' i . ' ^"""^"^ ^^' *''""» «"« ^o two hnmired 
Mills a certain^Z;,i^n 'the ^^ni t^T'' '''' ^'"•'''''■'>' ""'' ^^'^^''^ "^^ ^l^^' 
va.'iousways.a,d l^Ss n | V .^ T' / '.^L^ '" •^■'"^' '•'"J i» 

the SeigniJriai JiigL, "s by h^A nc ^nt t/^^ '^'V"''^" of' property attached to 
oocasion'^f.-equent s^ubdivisil of iW^.v^ ,T";^o^^^ "^ Inheritance (which 
inconsiderable, whoroby the situation nH.Hj ^^7 '";»erations become quite 
reduced below'that o^Il^::^rE:^';i^l!:Z;S..ul^^ 'T 

van manage, with the assistance of his own F-imil Vnf •'**. ™«^" ^''*"^' "^ ho 

.nppurt; and having thus within them vH-om v ,' t e i- y^uT""^ ^'''''' 

uuiu_\(..ii III _\eai all ,ho necessaries 



NOTE II. — I.OWEII lANADA IN 1800. 



n 



nfiiionce ol' 
1011 fxintcd 
iiloiin;Lf the 
priu'ticahle 
Iter further 
ia, even in 
might still 

Important 
tiition. In 
King was 
expedient, 
I the mind 
3 meuBiire. 
the case is 
Assemlily, 

whieh at 
or of the 
Seigneur?", 
leetion or 
\.sKembly ; 
d (thougli 
II. There 

into the 
he last, it 

Jable ami 
extreme 
he}- once 
ht ensue, 
n Lower 
ids wore 
ver, with 
hundred 
ts of the 
I and in 
ached to 
I (which 
le quite 
ces been 
id ;ts ho 
•y for its 
cessaries 



of life, tliore cannot be u more iiidepeiidont Uiiee of people, nor do I believe there is 
in any part of ttio world u country in whieh equality of nitualion is ho nearly 
estiiblished. Kxceptin the Towns of (Quebec, Montreal and Three Kivers, little or 
no ditlbrent^o is oli«erval)lo in the atllueiuu' of th(( Canudians, but what may in soino 
measure arise from the local cireunistancert of more or le8« favourable situation, a 
richer soil, or n greater or Icsm degree of exertion. 

The ciMintiesan' divided into Parishes, each Parish chiefly extending about ihreo 
leagues along the Uiver St. Lawrence and (/liambly, and to each of whieh there is a 
I'arocliial Church; the principal person in every Parish is in genoial the l*iio8t, 
another next the Captain of Militia, and it is through the latter that any business is 
ti'ansacted by (Jovernmenl. 

Having endeavoured to give Vour (Irace Homo insight juto the actual state of 
this country, which I (iould more fully enlarge upon if 1 was not apprehensive of 
intruding too much upon yoiirlime until I have received your |iermission so to ilo, I 
shall proceed to point outtlie means by which 1 imagine the Infliionco of (iovernmont 
might be immediately extended to the distant parts of the i'rovince, and though I 
am conscious this cannot boetlected without a certain expense to the Mother Country, 
I consider that expense as inconsiderable when compared to the sums it would 
require to quell any disturbance that might for wanlol' timely precaution take place 
in the Province. The apprehensions of such an event though not immediate, is 
strongly impressed on tins minds of some of the best Friends of (Iovernmont. 

I am well aware the chief object to be depended upon to increase the Influence 
of the Crown, will be by means of the Waste Lands; and in that point of View the 
delay that has taken place in the liand BusiiiosH is greatly to be regretted, and it 
becomes an object of peculiar Importance to (rovernment that no further delay may 
occur to prevent the clearing and settling of the immenscTracts that are now in the 
lands of the Crown undisposed of, as their being granted in free and common soccage 
will in time (if judiciously granted) form in this Province a body of ])eople of the 
protostant Keligion that will naturally feel themselves more immediately connected 
with the lOnglish (Joveriirnent, but as this cannot bo expected to have any immediate 
etl'oct, I am inclined to think that in the meantime much may be done tirst through the 
Catholic Priests, and secondly by means of the Militia. 

The Present Catholic Bishop is extremely well disposed to Government, he is 
allowed by His Majesty £200 per annum, as Superintendent of the Catholic Church, 
in addition to which he receives from (Government a Rent of £150 a yoarforthe use 
of the Bishops Palace at (iaobec, which is occupied by Public Otficers ; he has lately 
applied to us for an em Insure of this Rent, signifying at the same time that his 
income is very inadequate to the situation and the calls which are made upon it, 
which r have icason to believe is a just statement. 

This application otfei's an occasion of attaching the Canadian Bishop more par- 
ticularly to (jovornment, if by such an encrease of' his appointments as His Majesty 
shall graciously be jjleased to allow his situation was made more easy, at the same 
time requiring of him a strict attention to that part of His Majesty's Instructions to 
the governor which I have before mentioned. This I am of o])inion would tend very 
much to encrease that consideration which the Priests themselves ought to feel, anil 
to encourage in their Parishioners, for the Kxocutivo (rovernment, at the same time 
that It would ensure the co-operation of the Canailian Bishop. But in order to carry 
this point, particular care must be taken to secure a proper moment, and if the 
Bishop should be dccidely averse to make the sacrilico required of him, it ought 
perhap.:) bo deferred to the Peace. 

The Priests have a 2(Jthof all the Grain, which maybe valued at .£2,5 or £2(3.000 
a year, which alone must make their influence very considerable, and especially as 
the H-"!igion:-! Bodies are in posse.-islon of nearly One Fourth of ail the Seigniorial 
Jlights granted before the Conquest (excepting those of the .Jesuit Estates lately 
taken into the possession of the Crown, as will appear bv thelnclosure) : there are 
123 Parishes and 120 Parish Priests. 



12 



CANADIAN ARCHIVES. 



With vogard to the Mil.tia, it will ho more difficult to (riv« Vn,,- ^' i 

and diHlinct idea of the mode in which I am im Mnl ». ?u^ T ""f^ " ^'•^"*' 

this Body to Hunnort the Intfl.Aiffl ! f r« mclinod to think use miy be made of 

dominion .rF;aiKi the Bodvo?trrP^^^^ Yonr G.-aco how nir under the 

hrm^::::;rthaj ^r^^^^^ii: ^'''''' ^''^^•^^^^' '''th-ttfo'rw^^h^oi ?::r;^^.^ 

ch- nitan e of bei'rc Zmv T "" ^.T*^^ V^f T'' ^" -A-'enc-e'trom Jh 

f end tn 1-1 r^n- "®"'^^^l»''''y '1 'usi'J over the whole Province wonld etfectinllr 

Plote ideaorhrsubieot on i t^r \P"?'^^^ '!^«''^'«'' to^'ive Your Gracea com- 

of time not only sec. re he Pmv 1 f . i*" F""^^'""« «« "^'^'''t in the course 

i,„f iiue,^;:, ' -^ secure the Ijoviiice from any Interior Commotion n,- ,)is<iflrp(>f:„n 
''"t likewise OMsuie the co-operation of the Inhabitants in the defe,4." .f the ProW.rce 



'Sa 






NOTE B. — LOWER CANADA IN 1800. 



13 



against the iittcmpLs of a foreign Enemy without the aid of such a Considciable 
Military Establishment aa the Mother-Country has hitherto maintained in this part 
of His Majesty's Dominions. 

The deficiency of the Revenue, upon the average of th3 last Five years of the 
Ci' 1. Expenditure, amount^*, as will appear in the paper I have the honour to trans- 
mit, to £12,000 per annum, and theMilitaiy expence of the two Canadas, according 
to the best Information I can collect to about £2(10,000, this Expence would, in case 
of any Tumult or Insurrection in tiie Country, or of a war with the neighbouring 
.States, most probably be doubl.) its present amount, and this Considoiation alone 
shows, how intinitoly impoi'tant it is to the Mother-Country, that Your Grace should 
be made acquainted, while there is yet time, with eveiy means by which the 
Influence of the Crown may be increased and the hands of the Executive Power 
strengthened. 

But there is another Consideration of perhaps greater importance than any 
above %ientioned: Could such an Tnlinence be obtained throughout the Province by 
means of the Priests and the Captains of Militia, as I have ventured to look forward 
to, that Intluonce when fully established might also be employed so as at all Times 
to ensure a Mnjority in favour of the Government in the House of Assembly and to 
secure the election in that House of such men, as from their Education and 
knowbidge of Business are most likely to see the real Interests of the Province in 
their true light, and not to bo deluded by the fallacious arguments of any popular 
speaker from giving their entire support to the Executive Government, the defect 
of such an Influence over the Klections lessens the respectability of that Assembly 
in a very great degree, and particularly as from the absolute want whicii has so 
long existed of the means of Education and the inability of the Canadians to support 
the Expence that would attend sending their sons to the Mother-Countrv for that 
purpose, there are at present scarcely any rising men, and but few men'of Talent 
among the Canadian Gentry. 

From this and other Causes the Business of the House of Assembly is transacted 
with so little system, or regularity, that the oldest members are sometimes unable 
to form a Judgment of what is likely to be Result of their deliberations on the most 
comm.in subjects. 

While a due Preponderance on the side of Government is so manifestly want- 
ing in the Assembly, it is considered by the well-wishers of Government as a 
fortunate circumstance that the fievanuo is not equal to the Expenditure and Your 
Grace will immediately see the necessity on this account of preserving 'in appear- 
ance at least, that disposition in a greater or less degree, as there is no reason to 
apprehend that !n case the Province could be induced to tax itself in a degree eoual 
to the calls of the Executive Government, the Eight of Regulation aiid Control 
over the whole would probobiy be aspired to by tlie Assembly; which could not fail 
of producing the most injurious consequences to the Colonial Government ronderine 
it from that moment dependent on the will of a popular Assembly. 

The burthen which is at present thrown upon the Mother-Country wiH be fully 
Compensated for, whenever the sums that shall arise from the sale of (ho Waste 
Lands begin to come in, and particularly if (as appears by the despatch of the 13th 
July, 1(J7, to Gen. Prescott, to have been in contemplation) it should be determined 
to appropriate the moneys arising from these sales to the purchase of Stock in 
the EngliHh hinds, and the Interest of this Stock to go in aid of the Civil Expen- 
ditures of the Province, in such manner as the Loidsof His Majesty's Treasury may 

The Quantity of Land which from first to last will have been at the disposal of 
Government is computed at about One hundred and fifty Townships, enuai to Ten 
ni.ll.on of Acres, wfuch have .ctually been applied for, including as is supposed 
the principal part of the Ungranted Lands in Lower Canada that are <'eemed 
convenient and fit for cultivation. 

Of the above about Thirtv-five Townships oplv nm ir, pontcmplati " '■- h 
granted in the original Terms proposed in the year 1792, consequently onoTundred 




14 

CANADIAN ARCHIVES. 

The VVoalth, I'owor and Influoneo that must accrue to tl.o Paroi.t Huito wl,«n 

I flatter invsolf tin 
Mil 
wii 
wl 
mi 

no other view than a full and conHeien.ions diXio o 1 tKu l^fh^^^ IJ^ 
to iho s,tu„tu.n which His Majesty han boon nloasoS to entn.lt u>me ^"'"^' 

1 luivo the Honour to bo, Ky Lord, 

Your draco's most obodiont ami most hiimblo servant 

liOBT. S. MILNES. 
JUnclosed. 

Total amount of Grants ..7 OS". 470 

To the Church. 

Quebec UrsulinoK ici ,m- 

ihroo Rivers Ursuiinos •-!« Qan 

Eocoilets., .■■■■■■.■.■.■.■.■.■.■.;; .)45 

Bishop and Semiiuiry of Quebec ()9j 3'>4 

JosuitoB ■■■■ aoi'cT- 

rj. Q 1 . . o!n,.s4.) 

ot. hulpicions •..._ .,-Q j,|. 

denoral Hospital, (Quebec ........'....".'.'.'.'.'.".'.". "' '73 

I'o Montreal " Ani 

Hotel Diou, Q.iobee i,,,* 

Sirurs Grises lo'-j.,," 

4J,,1.{() 

T°^''« Laity 5:sS8;71(i 

7,985,470 

To tho Church nearly :^tli. " ' 

for hV '":rc"„m!^t,P„B ilri'^'i's' '■■■^'""^■'""» "' ""° >-'-'"« »' I-»wo,. C„„„d„ 
riio Revenues are as follow : 

Ist. The Casual and Territorial Revenues of 
the Crown as it existed before the Conquest, which 
together with the King's Fines on an average of 

J- ivo Tears have produeoil about £\ ^on n n 

2nd. The Revenues from Duties, &c.r«nder ' ^ 

wh' r u^ 1.^*' ^^^^\ ?^' "'" ^^'"S, the average 

whereof has been hxed by the Legislature at.... .. 4,G44 8 '• 



1, exclusive 
part in the 

State when 
list in time 
e to 8U])port 

which Ilifi 
) Province, 
feneration, 
s Majesty's 
ted of their 

to bo j)ut 
s vail for the 

I liave in- 
our Grace 
'ay r have 
tiat helona' 



ant 

.NES. 



0U8 to the 




NOTK It. — I.OWEH CANADA IN I8OO. 

;5i(i. The appropriation of (iiities for the pay- 
ment of t!»o Offieers of the LegiHiativo Council and 
AsHemibly, and coiitingoncieH about I,n00 U 

4th. The duties imposed by the Legishiture to 
make g(Kxl the sum of £r),0(((i («tg., voted towards 
the administration of Justice and support of the 
Civil Government 5,555 11 1 



15 



The Expcndituie on average : — For five years 
eonimeiiciiig in I7'->5 and ending in IT ^ (exclusive 
of the Payments for the support of the Clergy kv.) 
pr. fjists of Warrants annually laid before the 



£13,lil!t lit 1 



Legislature are 



about 25,:i00 



Annual deficiency about £12,000 U 

wjiich has hitherto been supplied and paid from the Army Extraordinaries. 

Jtemarks. 

The Revenue from tlie source Xo. 1 has been of late improved and may still 
improve under the same manag'>mont, in the following particulars : 

Leases of the Forges vSt. Maurice formerly £20.10.0 now leased for £850 pr. 
annum for Hve years. Lease of a part of the King's wharf for years at £310 

per annum. 

The renn.aindei' given up for the uses of the Military Department estimated at 
£. per annum. 

The King's Post now leased for £400 pr. annum, there is reason to believe, may 
be leased for a much larger sum. 

The Lots et A'ontes or Mutation Fines in the King's Domain at Quebec and 
elsewhere now unproductive may if atlorded to and collected (or an equivalent in lieu 
thereof) produce u considerable addition lo the Revenue. 

The Revenue under the 14th of the King (if the Act of Consoliflation should be 
ratified) will be blended with theotber funds provided by thePi'ovincial Legislature, 
any deficiency must be made good thereby, but on the other hand the surplus, if 
any (and which is the more probable) will lie at the disposal of the Legislature. 

The Hevenue No. 3 is in the same predicament. The sum of £r),000 stg. having 
been voted to be raised by the Legislature of the Province, and accepted by 
(rovernmenl as a fund towards the administration of .fustice ami sup[)()rt ot the 
Civil (iovt'inmeiit may be considered as its acknowledged proportio-i of the expences. 



r Canada 



NOTE C. 

ECCLESIASTICAL AFFAIRS L\ LOWER CANADA 

No. l.-LIEUT. GOVEEXOR MILNES TO LORD IIOBART. 

Qi^'EBEc, 15th August 1803. 
Province. ^ ' ' '^^P^^<'"ff the situation of eedesiaatical affair, in (iiis 

entirely depe.uiin^. on whatevJmay be Ilf. ^f-Sv .'?'' "^ """'" "^" "^'^"*-^'- '^^ <^ 
the Church Establishment of Louefcanud , th'Ti^ "•^■'^■rmniafon with re^^ard to 
do more tiian to transmit Your L ordlh' n- ' '""'" °'" "' """^cessar^- for mo to 

submitted to His Majesty's con ider"tin?t 1 1 ''"'"' ""' '^' P"''P'^«« «*' '^'^ ^"^i"fc' 
respectable characte • of"tL StV Zut ni^^^^^ '""' porsuaded that the highlv 
Executive Government of the F roWnce vv H ,] '"PP-'f '^" '"^'^ '^^f*^''''^'^' ^ "d'o 

ever he may suggest for thcbSter ^ohX on '! i '"7"f.''f ^''^^''^ ^^^'^''^ '-> what- 
affairs in this Diocese legulation and establishment of Ecclesiastical 

rnonS::T^:Sr^);.^S::^t^:^::fy^^^^^^^^ is necessa^y I shomd 

with respect to then, ha hi herto been'evMvl . . ""' "^ '^''^horify, or interference 
tativcs in this Province II ivrtheretbroTmJfrl^^/' -'' m ^^'^ ^^'^'''^y'' Represen- 
all matters relating to them in the Kt-i n r 'f ^'^l''^'^'' f*^"- »'"« !>'-e«ent,to leave 
Dispatch marked sepa a e a d "ec et of he . v''' ^ ^ '""'I '''^'"- ^^'^^'i"'^' '" '">' 
His Grace the Duke o?Potlucr entered u 1. ^^^-'T f' ^^^^' ^^^^ ^'^^ P' --«) t^ 
Boman Catholic Cler^/y 0^10^ cln-^^^^^ i ''1' '"'^ """ /'"'""' '^'^""t'^" «^ ^he 
refer Your Lordship to^hat Dispich! ' ^ '""''' "■"' ^'^'^ P^'^^^"^ "^^'^^i'^"- to 
I have the honour to be, my Lord 

Your Lordship's most^obedient most hunhle servant 

ROBT. S. MILNES. 

No. 2._ANGLrCAX BI8H0I' ^;^QU|BEC TO LIEUT. GOVERXOR 

(Canadian Archives, Series Q., Vol. U2, pa,je 253.) 

Sansbruit, ()th Juno, 1803. 




more extensive protection. 



M 
-t, 



NADA 



T. 

I 1803. 

letter lYom 
airs in this 

ant .subjoct 
ittei- as to 
I regard to 
' for me to 
t' its bein^ 
tlie Iiiglily 
lied to the 
t to whai- 
desiastical 

y I should 
Lerference 
Represen- 
t, to leave 
ing ill iny 
). 2:i8) to 
)n of the 
casioii. to 



ant 



XOE 



803. 

moment 
'IS in this 
, or the 
the time 
opolitan 
ioii and 



NOTE C— ECf'LESI.VSTIC.VL AFFAIRS IN LOWER CANADA. 17 

vinees, I feel my.solf impelled, by a sense of superior duty, to surmount my scruples 
and submit to Your Excoilency's consideration tho several points which appear to 
me to bo of more immediate moment. 

The fnstructions which have been successively issued to Hin Majesty's Repre- 
sentatives (as far at least as they have been so my knowledge), the provision made 
by Parliament for the future maintenance of a Protestant Clergy, the erecting of 
those Provinces into a Bishop's see, and the assurance given to the Hishoi) iipon^his 
appointment to it, have spoken with uniform decision the intentions of His Majesty's 
(Jovernment with respect to the actual Establishment of ihn Church of England here 
I need not observe to Your Excellency that what has been thus obviously 
intended, has hitherto been very imperfectly effected. 

Compared with tho respectable Establishments, the substantial Revenues and 
the intensive power and privileges of the Chur-^b of Koine, the Church of England 
sinks into a merely tolerated Sect; possessing m tha present moment, not one 
shilling ot Revenue which It can properly call its own; without Laws to controul 
the conduct of its own Members, or even to regulate tho ordinary proceedings of 
Vestries and Church Wardens; without any provision for organizing or conductin-/ 
the necessary proceedings of an Ecclesiastical Court or power to enforce their Execir. 
tion. And what is worst of all, and what cannot but alarm and afflict thj mind of 
every s-rious and reflecling man, without Ji body of Clergy, either by their number 
sufficient for the Exigencies of tho State, or, by any acknowledged right, or legiti- 
mate aiithoi'ity, capable of maintaining their own usefulness or supportin<' thedi^'iiitv 
of a Church Establishment. * -^ 

I am perfectly aware. Sir, that we must look to the Provincial Parliament for 
such local laws and regulations, as are above alluded to. But, without meaning any 
improper reflection upon that body, I may bo permitted to say, that as it is at present 
constituted, the Church of England must not expect any material assistance from it • 
unless that Church shall first be raised from its present dep/es.sion, and shall derive' 
from tho proper authority, that weight which alone can give it its constitutional 

preponderance, as the i'sifafi^i'sAm religion of tho count ••y— its rights bein.r at once 
clearly ascertained and legally secured. '^ 

A variety of circumstances of v/hich Your Excellency has perfect information 
and into the details of which it is rot therefore either necessary or proper that I 
should enter, will, I trust, completely justify this language. 

1 shall proceed to submit such objects as appear to me to call in a more peculiar 
manner for immediate consideration. 

And tirst. I would beg to suggest the necessity of determininir whether the 
< liurch now building at Quebec shall bo considered as really a Metropoll^m or 
merely as a I'arocnial Church ; whethc. can consistently ho left without a chai)- 
ter.^ without some portion of that dignity which should constitute its apnronriate 
character? * ' ' 

If" a I'arochial Church merely, whether the intention of actually establishin./ the 
Church of England in Canada and of supporting a Bishop's see will not appear to be 
in reality totally abandoned * ' 

To enumerate the manif)ld advantages wliich would be derived to the country 
irom such an cstabiisliment would cany me too far. 

I will mention of only one o: two of primary importance. But I must first be" 
permission to obse; < l . Vour Excellency that it is not the interests of the J'rotesr. 
ant iniialutants of ;^ue^:■ ;, Montreal, Three Rivers, William Henry, and the settlers 
in file new lowns.npi. ^the last already amounting to many thousands [Appendix 
A.j and rapidly increasing) which are involved in this question— important as th-se 
interests are— but those also of the whole Province ot Upper Canada, which is'at 
least equally concerned in tho event of such an establishment. 

In both Provinces iho majority of His Majesty's subjects are Dissenters ; and of 
those there IS a great variety of sects. 1 speak not my own opinion only, but many of 
Ttie best xniormca pcraoru; ui both Provinces, when I say that an effectual ami resJoct- 
abbshment of the Church of f'mrl.ind would no near to unite 



7a— i 



ngland 



g( 



whole body 



II! 



18 



CANADIAN ARCHIVES. 






ot Disscntors witlnn its pale. Upon such a ^tnion I iiee.1 make no comment: of it» 
religious bonohts (;^reat as they must bo) I way nothing. Its political advanta«ro8 
m times like these, would be incalculable. Ills Majesty could have no bond more' 
sure for the ulleguince and fidelity of his Subjects in those distant Provinces 

Anotlier main iulvantago would be the facilitating of the necessary sunnlv of 
clergymen. -^ ' ' -^ 

Where there is no hope of advancement there can be little expectation of en<ratr- 
ingfl.o services of men of ability and worth. Respectable and useful ministeiS of 
our Lhurch will not easily be induced to spend their live., in tlio wilds of this coun- 
try without any prospect of ever going to such more convenient and more honour- 
able statijDs as their labours and virtues may bo found to deserve. 

That primitive zeal which 'fiiild induce men wholly to forego every comfort of 
this hie for the purpose of propagating tho true Religion, I fear, is rare'lv to be found 
an^nigst iis ; at least it may not have been mv good fortune to find'it. But the 
difficulty of providing Clergymen for the new settlement would, I believe, be entirely 
removed it a liberal and jiroper Church establishment held out to them a reasonable 
hope of reajiing some fair emoliimeni and some honourable distinction as the reward 
of an exemplary and merilorious discharge of their duty. 

Whenever this subject comes lo bo considered I hope it will be considered also 
that in tho present state of Society, the dignity of Religion itself, as well as tho 
respectability of tho Church is compromised, when its principal Ministers are too 
much straitened in tlieir incomes. 

Your Kxcelioncy. I persuade myself, will be of opinion that the salaries of the 
Ivectois of Quebec and Montreal are now a great deal too low. They have never 
been augmented since they were first fixed, although the price of many of the neces- 
saries ot life is at present three times as much as it was at that period. 

Two hundred pounds a year is very inadequate to the support of" that respe^^t- 
abie rank m society, which the Rectors of the Ca])ital of this Province and of this 
rich and fioiirishing City of Montreal ought undoubtedly to maintain. 

The number of poor in both these cities, who have no provision by the laws 
for^r. a strong claim U|)on the charity of the Ministers of a benevolent reli<rion a 
claim which, in the instance alluded to, is well known to be duly attended to The 
duty of both parishes is very heavy; too much for a man at all advanced in life; 
and the assistance of a curate could not bo obtained for less than half tho Hector's 
salary. 

I think the salary at Three Rivers, which is equal to those at Quebec and 
Montreal, at present sufficient for the situation, but that at William Henry which 
IS only £100 a year, is certainly too low. ' 

I would next advert to the jurisdiction of the Bishop. 

The late proceedings of the Court of King's Bencli at Montreal, in a cause 
against the Ecv. Mr. Ti-nstall, accused of cruelty m the treatment of his wife (follow- 
ed by a petition from tho jirincipal parishioners for his removal from the Living) 
proved him guilty of such gross misconduct as loudly called for the animadversion 
of the Hishop and demanded tho authoritative decision of an Ecclesiastical Court 
Lpon that occasion Your Excellency saw the difficulties that oppose the organizing 
of such a Court; and the painful situation to which the Bishop must have been 
reduced, if he had not happily found a resource in Your Excellency's concurrence 
and support. 

Circumstances of a still worse complexion have since threatened still creator 
difficulties. ^ 

Advocates in- the temporal Courts are, indeed, in this Country by tiieir Com- 
mission, Proctors, but for a registrar, or any inferior officer of tho Court, there exist 
at present no means of provision. 

This seems to deserve attention. 

If the Establishment should take place, I would beg leave to propose that the 
Bishop and J)ean and Chapter, with the addition of a few' more of the clergy, should be 
mcoiporated, for tho purpose ot' taking the future superintendence and management 



*■•* 



nent ; of itw 

advanta/iros, 

bond more 

1C08. 

• supply of 

)n of ongag- 
iiinisters of 
f this coiin- 
•re liotioiir- 

comfort of 
to be found 
I. But the 
be entirely 
reasonable 
the reward 

derod also, 
ivell as the 
M's are too 

kvies of the 
luve never 
f the neccs- 

lat I'espef't- 
uid of this 



aws. 



the 

religion, a 

1 to. The 

cd in life; 

10 Hector's 

(uebec and 
iiry, which 



n a cause 
ife (follow- 
le Living) 
lad version 
ical Court, 
:)rganizing 
have been 
•ncurrence 



ill greater 

iieii' Com- 
liere exist 



that the 
should be 



NOTE C— ECCLESIASTICAL AFFAIRS I\ LOWER CANADA. 19 

of the lands reserved for the Ohu.ch; the entire di^positicr of the fund arisin- 
therefrom bemg lett .vith the Cxovernor and Council of 'the respective Province ' 
Let me be permitted further to add, that as 1 humbly conceive, material and 
general advantage would result from the endowing of the Bishopric and the Chanter 
w.th a porfon of the Waste Lan.ls of the Crown, reducing, n Jnn,oS< rwhat^ eV 
sular.es are. or may be, paid to either, out of the Army ExTraor/liniHes oroZrw;;; 
., .u\ ;'™'"-'^' ""''''} " ';"fe'«ostion as this, after the ample provision that has been 
made by Parliament or the support of a Protestant Clergy, 1 am not without ann.T- 
hens.on that my mot.ves may appear to be less .lisi„tere,^ed than they ought"rbe • 
or than in real. ty they «,-e. Such a co.icoption will, however, I trust be ob. iated 
.the cons.dored that a revenue from the reserved lands is 'yet entirely future 
ha some t.me must yet elapse before it can be rende.ed in any deg.ee considemb e ' 
that the p>-esent dependent state of the Chu.ch is ill adapted to give due so idTv o.'- 
procu..e proper respect to the Establishment; that such' endowments as mi- u be 
made wouhi ultimately bear no p.-oportion lo the whole possessions of the /rhurch 
and that .t ,s not nieant thereby to aug.nent the actual income of any indiv.duT 
time *"" '""-^ "" ■ *''" """'''"'^y of occupying so .nuch of Your Kxcoliency's 

I suppivss much that appears to me to bo not unworthy of your attention but 
there roma.ns one point, which, although I int.oduceit with pain becaiise I n^^^ v 
aga.n appear to be personally interested, yet seems tome to have'gn'Sg con e- 
que..ees Of so much .mportance and extent, that I conceive it to be .ny dm t,.mb ly 
but rm>st earnestly, (o recommend it to You,- Excellency's consideration ^' 

iuH X.rV'''^^ >''''''' ■^"''*^'?"'^'fi'°f^'* '" 'ho year 1793, to erect these Provinces 
"he.r dependences into a Bishop's see, " to be called theneeforlh " rLettert 
patent " the B.shopric of Quebec." By successive Acts of his Gov^n, nent he had 
been pleased to provide for " the establishment of the Church of C uul bo'h n 
l.r.nc.ple and practice," and for the future maintenance of its cler.'y^ ' 

It appealed to be His Majesty's g.-acious intention to leave to his subjects of the 

Eom.sh Chuich " a toleration of the tree exercise of their religion but not the now 

ors and priv.leges of it as an established Church, for that 1 ^'p re erence wK 

H.s Majesty deemed to belong to the Church of England alone -P"''''"""" "^'^'^'^ 

iieserv.ng to h.mself his just supi-emacy. His Majesty was pleased to " fo.'bid 

under very severe penalties, all appeals to a corrispondonco'^ with a, , toreS 

'< ^^TFri:^:^a:V''''r ''''''''' "''J^'"^ ««^^''-'' - ^^ prohibit "-^theexe'r. 
cihc ot anj Episcopal or \ icar.al power, within the Province, by any person nro 

fess.ng the rel.«.on of the Church of Rome, such only excepted L^e'^.'ie"i?l v 

" o ^Ttti'it'^f^^ '""''^""'^ '■'' '.''' !'■'' "'^^"•^'- «f ^^« R^^'"'^'' Holii on, u, thi^t 
notwithoi t a licence or permission from the GovernoMor and durin- IIis\r Ltl'. 
will and pleasure " to direct " that no person shou"d ha -e oiy O 1 c^^ irrm 

" Xl.eriih7\ ";.'"'■' '' ''"^'' "'^'"'"' '^ "^••■"-'^ *■'-'" ^''^ <>ov^rno ,•' „ d " ha 
a ho light or claim m any person whatever, <,ther than His Majesty to nres 

" ^nt'lSy abS^lS.'' '""^ '^"""^^ (^"'•"""^'^ ^' ^-'^ right excipte^^^ii^SS 
state'of tll^n^''' ''*^"'" ''"^'"""^ ^'^""^ ''' '''' '" ^^"^^ and in fact, the existing 

logitiinlii^^irptlertntdh;''' f''""^"^ f ''""*^ l' (♦^"'^"'^^ ^ understand to be his 
pi-iv leges of 1 en OS, nufTu^ ' ■" '" "' "f '"'.^' enjoyment of all the power and 

He disposes absolutelv, if I ani not mi-inform<>d of t'.a xri -! p ♦ c ^ ■ 



esent 
be 



i 



20 



CANADIAN ARCHIVES. 



il 



m 



It; 



Ui 



(Apjtondix B.) in this Province, ho has conio foiwaid with dociMon not onlv to 
nsHunio himsdf in t!io piiMic prinfH tho titlo of " nishop of QuoIk-c." hut l(. "add 
tho Hnloii.iiil Htyle of " Mon8oi-,'noiii- Su Urundoiir, io rovorendiMsimoet iliiiHtrirt^inu'." 
(C) Hiw coadjiUor woai-M tiio haliit, and assumo-s the rani< of a Uisiiop and likowiho 
receivcH the titlo of MonHoi^noiir. 

BooixM (D) in the J'ln^rliKh am well as in tho Fionch lan,<,nia^'o, inculcating,' tho 
doctrines and diHcipliiie of tho Church of Itoino, aro puhlickly advertised under his 
authority for "the use of the Diocese of Quehec." 

lani tin- I'rom wishinir that tho lionian Catholic C'lor,u;y should bo deprived of 
any of those privileges so iihorally conceded to them lor tho free exercise of their 
worship, oi' of any leasonahle indulgence that they enjoy; I would rather (if it were 
permitted) express a wish that tho Suporintendont's' allowance from (tovernment 
wore better suited to His Majesty's distinguished bounty. Hut if in addition to his ex- 
traordinary power and influence, ho he permitted to conl'inuo this high style otdignity, 
it is natural to ask what becomes of the Establishment of the Church of KngTami ? 
If the Roman Bishop ho recognized as the " Bishop of Quebec," what bocomes'of ^Atf /; 
DioceKi which His Majesty has solemnly created, and of the Bishop whom h.' has 
been graciously pleased to appoint thereto? To authorize the Establishment of two 




If all that has been thus unwarrantably assumed were permitted to be continued 
and by such permission were virtually to receive tho sanction of Jlis Majesty's (^^ov- 
ernment, it would bo an indulgence which (1 speak with all humility and deference) 
would appear to contravene tho laws and constitution of our coun'try ; it would be 
to place "the Pope's Bishop (for such ho is) above the King's; it would be, in my 
poor opinion, to do all that can be done to perpetuate tho Voigii of error, and to 
establish the omjiire of superstition; and consequently it would bo to grant an 
indulgence to the Canadians more injurious to themselves than even to the Kn«-lish 
[nhabitants; for whatever would have a tendency gradually to introduce refonua- 
tion of the Komisu Church would be the greatest benefit Canadians could receive. 

I intreat Your Excellency not to consider me as under the influence of an 
intolerant and uncharitable spirit in what J have here advanced : I am indeed 
attached to the Church of England by principle and not less by experience: Not to 
insist in this place upon the superior purity of her faith and doctrines, I believe her 
to be the best friend to the security and happiness, both of tho governing and the 
governed, of any that exists in the world. 

It is my bounded duty to watch over her interests. I now make what I intend 
should be, on my part, a last appeal on her behalf: I have the honour to make that 
appeal where it can be perfectly judged, and will bo candidly accepted. Again 
disclaiming, therefore, every wish to see the Romish Church deprived of any p'rivi 
lege which can be thought necessary to the complete and liberal toleration of its 
worship, I do not hesitate to conclude that unless some immediate and eft'ctual remedy 
bo applied to tho abuses which have been giadually introduced; unless both ihe 
positive and relative situation of tho Church of England, in this country, be speedily 
ami radically changed, all reasonable hope of maintaining the Establishment of fhiit 
Church will, in my judgment bo irrevocably lost. 

The Eoman Catholic Eeligion will be to all intents and purposes the established 
Religion of the Country ; rapidly declining, as it should seem, in other parts of tho 
world, it will not only find a safe asylum hero, but be raised to the preeminence and 
laid upon the broadest and most substantial Basis. 

Such, Sir, after long and, [ think, unprejudiced reflection, upon this subject is 
my decided opinion. 

I have thought it my duty explicitly to state if. But these observations as 
well as the measures that 1 have ventured to suggest, are submitted, with the utmost 
deference, to Your Excellency's wisdom : And, with the strongest persuasion that 



NOTE c. — ECCLESIASTIOAr, AFFAIRS IN LOWER CANADA. 



21 



lot only lo 
liut to ad<l 
iKtrirt^inu'." 
ul likowise 

Icatiii/^ tlio 
, niidci' Ills 

loprivinl of 
PC of their 
' (if it were 
ovormnent 
n to his ux- 
ot dii^'iiity, 

Kiiirliuid ? 
mesof that 
om he hnw 
lent of two 
u .solecism 

world ; to 
Y conceive, 
il. 

continued 
jsty'is (rov- 
deference) 
t woidd be 
1 be, in mj' 
or, iind to 
» grant an 
lie English 
roforma- 
veceive. 

ince of ai» 
im indeed 
!e : Not to 
)clieve hei- 
g and the 

it I intend 
make that 
d. Again 
any jirivi- 
tion of its 
lai remed}' 
both xhe 
e speedily 
'.nt of that 

stablished 
irts of the 
nenco and 

subject is 

.'ations, a» 
he utmost 
ftsion that 



whatever shall aiipear to involve the real interests, present and future, of the 
jieoplo eomniitteil to your care, will bo thought not unworthy of your favourable 
consideration. 

1 have the honour to bo with highe^'t regard, Sii-, 

Vour Kxcellency's most obedient and humble ;^ervant 

J. (2Ul<:iiEC. 



Appendir (A). 

Upon a moderate calculation, the Settlers in the new Townships may be esti- 
mated at from eleven to fifteen thousand. And when it is considered that there are 
at tho present moment thirteen hundred thousand acres of land actually under 
Patent, and that probably near two millions more will soon be added, it must be 
evident that at no very distant period, the Proteslants in this Province will out- 
numl>er the Papists. 

With respect to Upper Canada, I have reason to believe, upon the most 
res|)ectablo aiitliorily, that, tho number of people in that Province is from sixty to 
eiglity thousand, and that there is an annual influx of live hundred Families. 

Appendix (B). 

I have carofidly examined the Quebec Gazette from the end of the year HO.M. 
and I do not find any instance in which tho Bishops themselves have assumed these 
titles before tho publication of tho Coadjutor's sermon, in Janr}'., 179!». In .Tune 
17m, indeed. Mr. Uravi', a Frenchman, giving an account of the der-th of Mr. Brian 
"ancion Evequo de Quebec," u Frenchvian also, in the Gazette, stiles him "I'illus- 
trissime et reverendissime P6ro en Dieu," and Mr. Desjaidins, a French Emigre, 
upon the death of Mr. Hubert, does the same thing. But I am speaking of tho open 
a.ssuinption of these titles, and the stylo of the Diocese by tho Bishops themselves. 

Of French Books advertized, by authority, -'a lusage du Dioci^so de Quebec," 
I find no instance before Sept. 18(H), nor of English Books, "for the use of tho 
Diocese of Quebec" before Nov. in the same year. To July 17!)t> (heir style 
was " pour I'usago des Congroganistes," in Foby., 1800, simply " avoc appiobation." 

The anne.xed extracts (C and D) from tho Quebec Gazette oi iha l.")th April 
1801'. and from a supplement of about the samo date, will exhibit specimens of the 
Btilo now in use. 

Appendix (JJ). 

Rccemmont Publit? 
iV ^ vondre k la Nouvelle Imprimevie 
Une Nouvelle Edition 

Des Epitres & Evangiles des Dimancbes i\: Fetes do I'annc^e, de I'aveiU, du 
Careme et des aulres grandes Feries, avoc de courtes reflections. 

L'Impiimeur acru devoir so borner ii donner ici seulomont, I'approbation de 
6a Grandeur I'Eveque de (Quebec pour fairo connaitre la merite et I'utilitt^ de ce livi'e, 
dont la raretd dans ce pays I'a engag^ a entreprendre rimprossion a gros I'ais; Se 
reposant sur lo ztMe des Messieurs du Clerg^ Ul ropandro cot ouvrago parmi les Fiddles 
pour lui en assurer le debit. 

Approbation 
de Monseignenr, Villustrissime d^ Reverendissime, Pierre Benaut, Eveqiie de Quebec. 

Nous approuvons la iirosenio Edition des Fpitres k l-A-angiies des Dimanchos k 
r'i^tes de rania^e avec do courtes reflections, Xuu.- en recommandons la lecture assidue 
a tous los fld61es do Notre DioctVso. Notre intention est qu'on en fasse usage dans 
ics Ecoles k Calochismos, ariri d'uccoutumei' do bonne houre les cnfants de I'Eglise 
dgouter la celeste nounituro qu'elle leur prosente en co livro divin. 

t P. Eveque do Quebec. 



MMiidtfMiaaariHi 




"•' CANADIAN ARCHIVES. 

Appendix {D). 
Le riocosHioniil loniain « l'us,vje du diocise de Quiber, avoc uno m«5thode lU- nlnin 

du ^a^^Z^r''^ '' '" ^'"'" '" '^"'*"' '^"''^« Cut...hiH,„eH . .usage 

The'^Tralf r':i'/lf-^^''''r''"" J>?«fi »«/'>'• ^Ae ««e of the iHocese of Quebec. 



throii;,'lioiU 
CutecliiHm. 



tho Diocese of (Quebec, &e., aud 



ait 



Abridyemont 



of tho Douay 



No. 3.-L0RD IIOHART TO LIEUT. GOVKRNOR MILXES. 
{Canadian Archives, Series Q., Vol. 92, p. 275.) 

Downing Street JUh .Fan. 1804 

iue^ti^K ■ r;;.:^;!"' duir'' "*"" "^"^^'^^^ und^erving or it by anything 

VvJ^^'i^l^l^!^cL'!'^'''"^u^'\r'^''^^ ^'"^y "^ Protestant Dissenters both in 
cpjjii .uiu liowcr L/anada, within the na o of tlii> Phm.,.!. ^vt i.\, i i • I 

app.^c.w.tc.d by the Bishop f Quebec ancr'u i^ nniloiiS' at t f Stolllai;:^^ 
Lower Canada are c.Mtiaed to the Towns, whilst the Body ot he ionle n thn 



1.' 






VOTE C. — ECCI .glASTIC'AF, AKKAtRS I 



iWE CANADA. 



2» 



^011 a nv addition al liKht upon the points therein adverted to, mid ticiiltiily how 
rai V alteration hii^ Inkon place in Lower Canada since that period, with rubpect 
to j: Romitn Catholic Clergy. 

'Ino plan in contemplation for the Estahlisliment and Enf'owniPnt of an exton- 

■iiv, InHtitntion for the pm pose of Kducution in the higher Knuhhe-*, und hich 

m hiivo been authi.rized to < .-mmence by the erection of Seminaries Quo), and 

font real, '.vill tend gronlly to promote the objects recommended by th<' Hishup of 

t^.iebtx'. 

Wi'h respect to tho matters which ho represents as highly inter- 

esting to the Prolestaiu < ch i..staWiiliment in Canada, it appears advisahlo to 
suspend any detertninat' m^ ^-oncTning them until a more favourable oi)portnnity 
shall arrive. 



No. 4.— CONVERSATION, MGR. PLKSSIS AND ATTORNK^ CENKHAL 

SEWELL. 

(Canadian Archives, Series Q,, Vol. 97, p. 175.) 
First Report. 

To His Excellency Sir Rom . Shore Mii.ves, Baronet, Lieutenant Governor of the 
Province of Lower Canada &c. &c. &c. 

May it please Your Excellency, — 

Li obedience to your commands, I have ihe honour to report to Your Excel- 
lency the conversation which passed yesterday between the Reverend Mr. I'lessis 
Titular Roman Catholic Bishop of Carrolhe,* and myself, upon the present slate of 
the Church of Rome. With the exception of some few romar'cs upon indirterent sub- 
jects, the dialogue was as follows: — 

Ptessis. I have lately spoken to the Governor respecting the present situation 
of our Church, and he has referred mo lo you on the subject. 

Attorney General. The Governor has given me permission to explain my own 
private sentiments on the subject to you ; what I think you mav ask, and f will 
answer candidly. But before I state what I have to say, let me observe that the object 
IS of the last importance to your Church, and (1 admit also) important to the Gov- 
ernment. It IS highly ticcessary for you to have the means of protecting your 
lurch, to the Government to have a good understanding with the Ministers of a 
(Church it has acknowledged by the Quebec Act, and at the same time to have them 
unde,r its controiil. Let me also remark that the (Government having permitted the 
free exercise of the Roman Catholic lieligion ought, I think, to avow its officers but 
not, however, at the expense of the King's Rights or of the Established Church 
You cannot expoct, nor ever obtain, anything that is inconsistent with the rights of 
the Crown, noi- can the Government ever allow to you what it denies to the Church 
of England. 

Plessis: Your position may be correct. The ('^)vorr.()r thinks the Bishops 
shoukl act under the iving's Commission and 1 see no objection to it. 

Attornei/ General. My principle is this, I would not interfere with you in con- 
cerns purely spiritual, but in all that is temporal or mixed, I would subject you to 
the King's authority. There are difficulties, 1 know, on both sides; on one hand 
the (.rown will never consent to your emancipation from its power, nor will it ever 
give you more than the rights of the Church of England, which has grown with the 
Constitution, and whoso power, rastrained as it is, fs highly serviceable to the "en- 
eral interests of the staie; on the other hand, your IJishop will be loth to abandon 
what he conceives to be his right, I moan particularlv the nomination to Cures; yet 
that he rnust do so, for no such power is vested in the Bishops of England and if 
permitted would be highly dangerous. 

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III 






Plcssis. You said conceives to be his right ; why so ' 

A^^orne*/ G'enemi. The statuteoftbo IstofEhz., Cup. 1, made inr the dominions 
which the Crown then had, or might thereafter acqui.-e, explains what I mean 
But 1 shall not conceal my opinion : it is that the Bishop has no power, and I shall 
be happy to shew you tlie grounds of this opinion at a future day, should anvthincr 
arise out of this conversation. jo 

Ptessis. I know the 1st of Eliz, but I confess I did not know that it was 
extended to the Dominions which the Crown might thereafter acquire 

Attorney General. It certainly is. It was made at the time when England 
had most reason to bo dissatisfied with the Roman Catholic Religion, immedmtelv 
after the death of Mary :— It provided for the emancipation of all English subjects 
irom the Tapal power in all times and places. 

Plessis. Had Mary followed the advice of Cardinal Pole, the Statute never 
would have been passed ; she would not then havedin-'raced herself and her reliiriou 
by her cruelties. ° 

Attorney General. Whether he influenced her or not, Mary's conduct tended to 

establish the reformation most firmly, and happily to blend the Church and State of 

±ingland as they are at present. 

Plessis. liow are Rectors (Cur^s) appointed in England ' 

Attorney General. Where the King is patron, and he is of all livings not in the 

possession of individuals by title, he presents to the Bishop, who, if there be no 
egal cause of refusal inducts the Clerk presented. If there be cause, ho certifies 

tha. cause to the King, and if the King is satisfied he presents another, but if not 

a writ issues to the Bishop requiring him to certify his cause of refusal into the 

Kings Cour s, "vho try the merits of the refusal and declare it good or bad 

according to law ; on this footing I would place your Church 

^r■ ^^ff^^- The King then would become the Collator to" every Benefice The 

King of 1^ ranee was to Consistorial Offices, but not to Cures 

Attorney General. He was to many Cur^s, but not to ail, because many of his 

subjects, lay as well as ecclesiastical characters, were the Patrons 

Plessis The Bishop ought not to be obliged to certify his cause of refusal. In 
J< ranee, where the Patron was a layman, he was bound to present five Clerks 
8uccessivel3' before the Bishop was obliged to give any reason for refusing them. 

VVhen the sixth was presented, he was bound to assign the cause of his refusal If 
the Patron was an ecclesiastic, ho shewed cause on the presentation of the third. 
Attorney General. Neither of these rules extended to the King. I think I can 
shew you that to your satisfaction. It would not be decent to refuslthe presentation 
of the Sovereign, without cause, nor ought a Bishop ever to be ashamed of assignini; 
the reason of his refusal in any case. ^ 

Plessis. Presentation by the Crown agrees with the tenets of the Church of 
England but not with ours. It would be against our spiritual duly. Bishops in 
hX«n Z ^'^"3-« presented to the livings in their dioceses-in the late concordat 
between the Sovereign Pontiff and Bonaparte, their right to present is recognized. 
iU.A ?'^ ^"^T ; ^« t«.J^«napa'-teand the Pope I will Uy nothing,_except 
that the former (thank God) is no example to us. But I formally deny that it is 
contrary to receive a presentation from the Crown. It was the daily practice in 
France with respect not on y to the Crown but even to private patrons of all doscrip- 
tions 1 am no Catholic, but my professional duty has led me to weigh well this 
objection according to your own principles. My answer is very short :--The Bishop 
ordains m the first instance, which qualifies the character for the livinij —the Pre- 
^te anu not the Crown makes the Priest : the Crown selects only from your own 
Priesthood the person whom it thinks fit for the Appointment, and if there be no 
cause of repeal the Bishop invests him with everything necessary to enable him to 
perform the functions of his Cure. The reciprocal selection of the person by the 
Bishop in the farst instance for the Priesthood and of the Crown for the livimrin the 
second instance preserves a just balance between both 

....ef'^it ^V'' P'"'''^ "'^'"^ °'''^®''' 1"''''^>' ^^"^ individual to say Mass, others 
confess, others formal. •' ' 



I 



NOTE C. — ECCLESIASTICAL AFFAIRS IN LOWER CANADA. 



25 



Attorney General. I beijj leave to interrupt you. When the Crown presents a 
person not admitted to orders sufficient lor the appointment to which he is nom- 
inated, the Bishop has legal cause to refuse. 

J:'lessis. If the King presents in all cases, the Bishop will never have a chance 
of advancing a faithful pastor. 

Attorney General. The Bishoj) once acknowledged the head of his department 
will be that in fact. You know the attention that ever has been and ever will bo 
paid to the heads of departments in our Government. The Bishop's representation 
to the Government in such a case would secure the promotion of the person he 
wished to promote. 

Plessis. Your Bishop has certainly greater power. The Gazette lately informed 
us that he had presented Mr. Rudd to a living at William Henry. 

Attorney General. The Gazette is certainly the King's paper, and its contents 
generally to be relied on, and that in this instance is the case. Mr. Rudd has been 
appointed to William Henry, but it was the Governor, and not the Bishop, who 
presented him. Bo assured that all livings in the Church of England in this Pro- 
vince are in the King's gift. 

Flessis. Governors do not always pay attention to the recommendations which 
they receive. I remember CJhief Justice Osgoode complained heavily, that Mr. 
Perrault had been appointed Prothonotary of the King's Bench, contrary to his re- 
commendation. 

Attorney General. Mr. Osgoode's complaint confirms what I say. The conduct 
observed toward him was an exception to the general rule, and therefore he com- 
plained. 

Plessis. Our general Church Government is aristocratic, but the Government 
of a Bishop is monarchical. He has the power of enacting Eeglemens which must 
be obeyed. You will not probably admit this position. 

Attorney General. The power of a Bishop extends to a forcing by his Regle- 
mens the general principles of Government adopted by the Church. He cannot 
legislate, he can only enforce obedience to what is already enacted, to the Canons and 
to the Municipal laws of the Country. 

Plessis. That is true, but our Canons are different, materially different from 
yours. 

Attorney General. I cannot admit that. It was enacted in the Reign of our 
Henry the 8th that the Canons then in force and not repugnant to the prin- 
ciples of the reformation should continue in force until a review of them should be 
made, which never has been accomplished, so that the Church of J^^ngland is now 
governed by the Canons in force prior to the reformation, which form the greater 
and most essential part of the Canons which govern the Church of Rome. 

Plessis. You state incorrectly; your Church, for instance, does not acknow- 
ledge the Canons enacted by the Council of Tiont. 

Attorney General. The (iailican Church certainly does not, 

Plessis. Yet the Canons of the Council of Trent certainly were in force in 
France. 

Attorney General. Yes, the greater part, but that was because the Kings of 

France enacted them in their Ordinances. On this head, you cannot suffer, for 

those Ordinances are at tins moment component parts of the Municipal law of 
Canada. 

Plessis. I once saw in the hands of Mr. Ryland (the Governor's Secretary) the 
King's Instructions, in which it is said that no priest shall be removed from his cure, 
unless he has been previously convicted, in some of His Majesty's Courts, of felony. 
There may bo many instances, in which a priest ought to be lemoved, who has not 
been guilty of felony. The difficulties would bo loss if the Bishop had a jurisdic- 
tion over his Ciorgy an "ofHcialitt5," which, perhaps, never would be granted. 

Attorney General. I have already requested you to understand that in all I say 
I speak my own private sentiments and no more. With this remark, I have no hesi- 
tation to say that the Government ought in policy to give the Bishop a jurisdiction 



'ni 
ti 



» 


i^^^^^M 


II>i 


1 


i; ~ 


Jl 



26 



CANADIAN ARCHIVES. 



over his Clergy, subject always to the controlling power of the King's Bench and 
to the operation of the Writs of Prohibition and Appeal. The Court of the 
liishops in hngland are subject to the King's Bench. 

Plessis. If the Writ of Prohibition is similar to the "Appel commo d'Abus " in 
France, not a shadow of authority will remain to the Bishop. Every act of a Bishop 
was ultimately held in Fiance abuse of his authority and constantly set aside in the 
Parliaments, •' 

Attorney Generil. The Writ of Prohibition is very different from the "Appel 
comme d Abus. By that all questions were reexamined as well in fact as in law 
Ihe Writ of Prohibition is a Prerogative Writ issued out of the King's Bench to 
prevent the ecclesiastical and other inferior courts from proceeding in causes institu- 
ted before them in which they have no jurisdiction or in which thev proceed contrary 
to law. To what Court ihe Appeal should be is a subject for consideration. 

-u ^'f*'*" 7"" '^""^ *''*^ '^" ^"'■^'^ ^^ present are removable at the pleasure of 
the hishop. In the drst establishment of this Colony it was otherwise, but atter- 
wards upon the erection of the Seminary of Quebec, Monsoigneur Do la Val >'0t it 
hxed as It is at present. If the King presents, the CiiriS ought to be removable 
at the UishopV pleasure. 

Attorney General. I think very different. The spirit of the Colonial Institu- 
tion, grants every ..fHi^e during pleasuie nominally, but that pleasure is well known 
to continue during good behaviour, and a rector in England is removable only for 
his conduct. It seems expedient to me, that aCur^ should know his parishioners 
well and consider himself as fixed among them. In times of difficulty a Cur6 loner 
resident with his flock can guide them better than a new comer. Mutual confidence 
IS not the result of a short and transitory acquaintance; and without that nothing 
ettectual can bo done by the pastor at such a moment. I will tell you also franklv 
that Our^s dependent upon the will of the Bishop, would be little subject to the 
controul of CTOvernment. If this was the case, the situation of the Curd would not 
be enviab e, nor could you expect that the better class of people would educate their 
sons for the Church. Your Court of the Bishop would be perfectly unneces.^ary 
and the presentation of the Crown an idle ceremony, if the Bishop could afterwards 
remove when he pleased. 

Plessis. The situation of a Curd under such restriction would be better then 
than the situation of the Bishops of Canada at present. For myself, I have enou.rh' 
1 am in a c^ire which gives me all I want, but Bishop Denaud is in poverty, holdfnff 
a living and acting as a parish priest, in direct contradiction to the Canons. 

Attorney General. My mind upon that subject is completely made up The 
tiovernment recognizes your religion and making its officors officers of the Crown 
shoud provide for them as for all others. The Bishop should have enough to 
enable him to live in a splendour suited to his rank, and the coadjutor a sahu'V in 
proportion. ' ■' 

Plessis. I do not want to see the Bishop in splendour, but I wish to see him 
above want. I do not wish to see him in the Legislative or Executive Council but 
as an ecclesiastic only, entitled to the rank which is due to him in society. 

Attorney General. When I said splendour, I qualified the expression, by calling- 
it • a splendour suited to his rank." 1 mean by that, that his income should be that 
of a gentleman, and equal to a proper expenditure. There is in fact no such thino- 
as splendour in Canada. ° 

r*- u^^D^'u" ^^® "^^^" ^^*^ ^""^® ^'^'"-- ^^^ *'^«^"® '"^ » g'"eat delicacy in this matter. 
It the «i8hop was pensioned and relinquished the right of nominating the Curd* 
the public would not hesitate to say that he had sold his Church. ' 

Attorney General. To stop the public clamour is a useless attempt. If matters 
of btate were to be staid for fear of popular abuse, Government would be able to do 
but very little ; ;;he governed but seldom approve. In our instance, if the matter is 
VI 3 wed as it ought to be viewed, the world must be satisfietl that, instead of 
relinquishing a right you have in fact never to relinquish, you abandon the shadow 



NOTE n.— ECCr.ESrASTICAI, AKPAIRS IN LOWER CANADA. 



27 






and receive the substance ; surely, this is sufficient answer to any vulvar declamation 
S£;o.?'tt.S;f^'''^^ "^'"^ ^'^^'^ advantageous to his 5h«,4 and muS^ bS 

Plessis. I don't know; it is his aflFair 

Attorney Genial. There is one ideawhicli I wish to su.'tfest. If vou ever 

Tesent" ^ in ^P^""'' "^ ^""'" ^'^"'i^'* "P''" '^"^ ^^^^^•"«' ^^^ is fho moment The 
present Lieut. Governor is a gentleman of most liberal principles, he has been 

yon, and is on th. poin ot going to Bogland where this matter must be settled, 
now. "" '^^»'««* »",t»»S.. Whatever is to be done must bo done 

Attorney General If I say what I ought not to say, you will excuse me but I 

flr^M'"''"^ '^* '^ C ^r^"" *^'^ opportunity, it will never return. iT is you 
interest lo avail yourself of the present moment, and make the best terms you can 
Fless>s. You cannot say anything which can either hurt or offend me I 

which "whnnVn"" <"'"^*^''^ »*'''" "" ^'"'^ "''*""' ^"'' «^*^^^i"^' " ^^'T important object, 
which without an unreserved communication, can never be effected 

iw '^ <:Te«era/. I will not take-up any more of your time at this moment, 
mn f hil "T,;"""^ oblige, by the time you have bestowed on me. Something 

m .St be done, and tho' we may differ in the detail, I think woshall not in the outline • 
'J T '^""t ^^ must be temperate, and in that case we shall ultimately 

agice I am, however, a subordinate officer, I must first write to the Bishop and 
when I know his sentiments I will wait upon you. ' ' 

^/?or/ifJ/ (?e«em/. Do so, but pray keep in mind what I have said that vou 
never can obtain anytiung inconsistent with tho prerngativos of the Crown nor at 
all ev-ents anv right that a Bishop of the Chu. ■; of England does not possess 

All which IS most respectfully submitted by. Sir, 

Your Kxcftllency's most obedient and most humble servant 

J. SEWELL,' 

Quebec 2(] April 1805. ^^^^^ ^'"'''*'' ^'''"' ^«««^^"- 



Second Report. 

To His Excellency Sir Kobert Shore Mh.nes, Baronet, Lieut. Governor of tho 
li'rovince of Lower Canada &c. &c. <fcc. 

Mat it please Your E.xcellencjy,— 

I ,r,« ^ ,'r'"' V'^. ^''"""^r- '" obedience to your commands, to report to Your Excel- 
ency the substance of the conversation which passed between Mr. Plessis, the 
t.tular Roman Catholic Bishop of CaiTothe and myself on the 21st inst 
Pin. I? ^"^!i'^'' ii' ^'^^ '"^'^ " general view of the stale of the Roman Catholic 
n T 1" this Province, Its toleration by law, under the Capitulation and the 
fh.t • ' ' the assistance afforded to its support by this, inferring from thence 

that It was an established religion, and consequently that the Crown ought not 
onl3 to recognize its officers, but to invest them with all the powers to which they 
h!.;.i'''"T-^^J'®'!^"^V!^''*""'^«''' the Government of France. In answer to this I 
D letly observed that things were so much changed since that period, by the intro- 
duction of a Protestant Government, that no idea of the kind could be entertained 
snnl"'!?'"''"^;- T^'Hu^ '? 'T ™<^ollection what I had said in our first conver- 
sation, respecting he Ch»rch of England, and asked if he conceived it possible for 
the Roman Catholic Chnrch to obtain what was denied to the National Establish- 
ment, intimating to him at the same time that he ought to be contented with much 

nf «,{.?, f'^fif"""'^^'' P'""S'T ?^ ""'■ conversation he entered into aspecific enumeration 
ot what the members of the Church thought themselves entitled to, and I shall 



I 



28 



CANADIAN ARCHIVES. 




f 1 



detail hi8 dt-mands with my answers, fronerally, but as accurately, and at the same 
time as uistinctiy as I can. Our Dialogue was too long to admit an attempt on my 
part to relate it moio particularly. 

Ist. " That the Bishop should bo created a Corporation by some title which 
" would distinguish him from the Protestant Lord Bishop of Quebec." 

To this I answered. That there was no Catholic Bishop of Quebec, nor could 
':ho Government, in my opinion, recognize such a character, without an Act of the 
Imperial Parliament. That a Superintendent of the Roman Catholic Chuich might 
be appointed, and an Assistant Supei'intendc(pfc, with such salary, rank and pre- 
cedence as the Crown might thinic fit to giant, and that such titles would sufficiently 
distinguish them from (he said Bishop of Quebec. That they would be civil officers 
of the Crown, and might take in silence from the Pope such ecclesiastical quali- 
fications as in conscieiui^ they might require to enable them to execute the duties 
cf their Ministry. That I could say nothing about their corporate capacitj', but con- 
ceived that their offices, like all other Colonial appointments, would be held during 
pleasure. 

2ndly. "That the Bishop should appoint his own Grand Vicaires and Subordi- 
" nate Officers." 

To this I answered that I saw no material objection, provided it was done in each 
instance with the approbation of the Governor, and that the appointments were for 
spiritual purposes only. That the Lord Bishop of Quebec was authorized by Letters 
Patent to appoint his Commissaries, but that it was a point of importance which 
would require consideration. 

3rdly. " That the Bishop should have an Ecclesiastical Court for the Government 
"of bis Clergy." 

Upon this head, I referred him to our first conversation, adding that my uiiinion 
was still the same,— That Government ought in policy to give the Bishop a Jurisdic- 
tion over his Clergy, subject to the contiouling power of the King's Bench, by the 
Writ of Prohibition &c. and to the revision of his Sentences by Writ of A])peal. 

4. "That the Bishop should have authority to superintend and direct the adminis- 
" tration of (he revenues of the religious Communities." 

To this I answered, That the revenues of the religious Communaut^s, so long as 
they remained, was their own. That their submission to the Bishop as their spir itual 
director, would very nearly etfect all that he could desire. But I reciuested him at 
the same time to observe, that no arrangement which he might make with the Exe- 
cutive Government could change the law in this respect,— That the King was legally 
the visitor of every comnunauU, and if he thought proper to delegate his authority 
to the Bishop, that it must necessarily be exercised subject to his controul, in such 
way as he might see fit to appoint. I added that I saw no objection to its being so 
delegated. . 

5thly. " That the Bishop should be empowered to regulate the fees lo be received 
" by Cur^s upon Baptisms, Marriages, Funerals " &c. 

To this I answered that by the Edict of 1695, the Bishops of France had been 
authorized to fix the fees to be taken by Cur^s upon the celebration of Marriage &c, 
notwithstanding the Ordinance of Blois, but that this Edict had been enactment sub- 
sequent to the establishment of the Sovereign Council of Quebec, and not being 
enregistered by that Council was not in force in Canada. That by the Ordonnance 
de Blois it was enacted that the usage of each particular jiarish should decide the 
quantum of fees to be taken in such cases by the cur^, and that (his was the law of 
Canada upon this subject at present, as the Ordonnance de Blois had been enacted 
before the establishment of the Sovereign Coui.cil,and was a part of the system with 
which the first Colonists emigrated from France. That it was not in the power of 
the Executive Government to change the law in this respect 

6. " That the Bishop should finally audit and controul the accounts of all moneys 
"e.Kpended in the building and reparation of Churches and parsonage houses " &c. 

I answered that all contestations respecting the building and reparation of 
Churches &c. were by law cognizable in the King's Courts, and that they in my 



NOTE C— ECCLESIASTICAL AFFAIRS IN LOWER CANADA. 



29 



rovernnient 



be received 



£1500 aud to the 



opinion wore the proper ^nai auditors of ail accounts of moneys so expended. That 
such oxpen<iituroB were in fact taxes levied upon the parishioners for their use under 
the authority of the Civil Law of the Province, and that the syndics of every'patish 
were, in my opinion, answerable to the Parish in an Action of Account for every 
penny that came to their hands either for l)uilding or reparation. That I did not 
therefore see how such a power could be vested in the Bishop by "rant from the 
Urown. " 

7. "That the Bishop hhould retain the nomination to livings, but not present 
" without the concurrence of the Governor." 

1 answered that this was impossible. That the nomination and presentation 
must remain in the Crown exclusively, 

8thly. "That livings should not be permanent but held during pleasure." 

1 answered, by referring him to whiit 1 had said upon this point at our first 
interview. That nominally a living should bo held during pleasure, which should 
continue unqu'jstionabi}-, (luring good behaviour. 

9. "That the Bishop should have two or more Coadjutors." 
I answered that one was sufficient and he could not expect more, 

10. "That the Salary or Pension to the Bishoi) should be £11 
" Coadjutor £750 pr aim." 

I answered, That upon this point I could not say anything, but that I had everv 
reason to presume that Government would be liberal. 

11. "That the School Act should be reversed and the Superintendence of pro- 
" teetant Schools vested in the Lord Bishop of Quebec, and the superintendence of 
'•Catholic Schools in the Catholic Bishop of Quebec." 

r answered very brieily that this was impossible. 

12. " That the Bishop should be empowered to erect parishes." 

To this I answered. That the right of erecting parishes was clearly vested in 
the Crown exclusively, which was an authority common to the Church of England 
and the Church of Eome. That parishes were certainly ecclesiastical divisions of 
the Province, but there was an absolute necessity that every circuit of land which 
became a parish should be and remain forever a parish as to both Churches, much 
civil matter being engrafted upon them which had equal relation to both.' That 
the power of dividing the Province into Parishes for the service even of the Estab- 
lished Church not being vested in the Lord Bishop of Quebec could not be granted 
to the Titular Catholic Bishop. 

All which, nevertheless, is most respectfully submitted by, Sir, 

Your Excellency's most obedient and most humble servant 

J. SEWELL 
Quebec, May 1805. Attorney General. 



No. 5,— LIEUT, GOVERNOR MILNES TO LORD CAMDEN. 



My Lord,- 



(Canadian Archives, Series Q., Vol. 98, p. 5.) 

Quebec 27th July 1805 
It is with the highest satisfaction that previous to my departure 
fiom Quebec, I am enabled to transmit to Your Lordship the Petition of Mr. Denaut 
to His Majesty which I have the honour to enclose, and which I flatter myself will 
give an opening to the final arrangement of thoso objects with regard to the Eomau 
Catho'ic Clergy which I have had in view for several years past, and had the honour 
to submit to Your Lordship's consideration in m}' dispatch No. 28. 

I feel myself called upon injustice to Mr. Denaut to state to Your Lordship that 
I have found him uniformly candid and open in the course of several conversations 



we have had on this subject, and I believe there is no man more truly attached to 
the Government than he is. 




6*. 



^'•%l 



lii 



30 



CANADIAN ARCHIVES. 



1 I 



I ^'S 



f ..,sl 



Quebec, a Utie by which he ^ not acknowledged in the King'« Instruction, to the 
(governor where ho is only called Superintendent of the Romish Church 

But, though the title is not allowed by the Instructions, it has ahvavs been used 
in courlcsv, except in official lotte.'s from the Governor, and Mons. Denaut,as well 
as his I redecofisors, has usually been addressed by the Title of Monseigneur not onlv 
by the society in general but also by the Persons administering the Government 1 
have endoavourod to make M. Donaut understand the duo distinction, but as he has 
always been in the habit ot signing as Bishop of Quebec, I did not insist on a 
dittercnt signature from the present, being unwilling on this occasion to hurt the 
feelings of a man ot his advanced ago who has in this instance conducted himself 
with 80 much propnoiy. 



(Original.) Enclosed. 

(P- 8.) Eequ£te I)e Mob. Denadt au Roy. 

A Son TrisExcoIlenle Majesty du Roi. L'humble Requgte de Pierre Denaut Eveque 
de 1 Jiiglise Calhohquo Romaine, ^ 

Lequel prend la libeittS de s'approcher du Trone do Votre Majesty pour lui ron- 
contrer tr^s respectueusement. '' ^ "• ■"" 

Quo la Religion Catholique Romaine ayant 6t4 .introduite en Canada avec ses 
premiers Colons, sous 1 aneion Gouvernement de France, l'Ev6ch^ de Quebec fui 
er.g^ en mi six cent soixantc-quatre, ct a ^t^ successivemont rompli par dos EvSnues 
dont le sixi^me est mort en mil sept cent soixante, ^poque de la Conqueto do ce pays 
par los amies de Votro Majestd. ' -^ 

Quo dopuis cotto date, les Catholiquos, qui forment plus de dix-neuf vingti^mes 

Vo t?7 " \'"V' y^V" ^'7'"'" ^ ^"^ ^''^""'^"' ont continue, par la Bm.td de 
Votre Majestd, d avoir des Kvdques, lesquel., aprcVs lo sorment d'Allegiance nrgt.5 
entre les mams dos Rep.tWntants de Votre Majesty en cette Province en Coiseil 
ont toujours exerc.5 leurs tonctions avec la permission de Votre Majesty et sous la 
Pio ection do dilf^rens Gouverneu.s, qu'il a plfl i Votro Majestc^ d'dtabiir pour I'admi- 
mst ation do ce to Province, et quo votre suppliant est le quatriimo EvgnTie qui 
conduit cot e hglise, depuis que lo Canada est heureusoment passd d la Couronne de 
la Grande Bretagne. 

?"° I'extension prodigieuse de cette Province, ot I'accroissement rapide do sa 

population exigent plus que jamais que I'Evgquo Catholique soit revStu de tels droits 
pu ?"l t' V^ T°"'® -^"J*"'*.*^ trouvera convenable pour conduire et contenir le 
Clergy et le Peuple, et nour imprimer plus fortement dans les esprits ces principes 
dattachement et de Loyaut^ envers lour Souvorain et d'ob^issanco aux Loix dint 
les 1^^-eques de co Pays out constamment ot hautoment fait profession 
.. Q"f/«Pe"d«»/. "'.votre suppliant qui conduit depuis huit ans cette Eglise ni 
ses pi^ddcesscurs depuis la Conqueto, ni les Cm-6, dos Paroisses, n'ont eu de la part 
do\otreMajosl.$,cetto autonsation sp^ciale, dont ils ont souvent senti le bosoin 
pour prdvenir los doutes qui pourroient s'^lever dans les Cours do Justice, touchant 
I exercise do leurs fonctions civils. 

Co consid^r^, qu'il plaise a Votre Majesty de permottre quo votro suppliant 
approchc de Votre Majostd, et la prie tr^/ humbloment de dunner tels o"drel e 
Instructions, que dans sa sagesse Royalo. Elie ostimera n^cossaires, pour que Votre 
suppliant ot SOS successeurs soient civilement lecgnnu comme EvSques do rEgliso 
Catho ique Romaine do Quebec, et jouissent de telles prerogatives, droits et ^molu- 
niens temporel que Votre Majestt' voudra gracieusement attacher d cette Dignity 

iour plus amplos details votre suppliant prie Votre Majesty de s'en rapnortor 
aux informations quo Son Excellence Sir Robert Shore Milnes Baronetlo S enan 

VoJre Maj'esllf ' '^'''' '" '"''' ^''''''"'" "'"' ^'''" '"^ ^'>^'*fe'«'- '^^ '^°"»«'- ^ 

1 ^* yotre Suppliant continuera d'addresser au Ciel les vceux les plus ardens pour 
la prosp^ritd de Votre Graciouso Majesty de son Auguste Famille et de son E"mEh.e! 

Q«£bec, 18 juillot 1805. Ev^ue de I'EgliseMMful'Eomaine. 



NOTE C. — ECOLESrASTICAL AFFAIRS IN LOWER CANADA. 



81 



Ktions to the 



As my <lepurturofrotn Qiioboc is Hxod for the beginning of next month, the 
multiplicity of BiiHinosH which arines nt this moment will not allow mo sufficient 
time to outer at length into every imrticular relating to lhi« most intorosting subject 
which inclu.les so many various points of considoration, I shall therefore defer 
troubling \our Lor-'shipany fiiithor at present in the hope of being allowed to lay 
them personally before you, or, if Your T;oidHhip should permit me, to furnish you 
on my arrival in Kngland with such statements as Your Lordship may desire to 
have. 

I have the hoiionf to be, My Lord, 
Your Lordship's most obedient and most humble nervant 

ROBT. S. MILNES. 



(Translation.) 

Petition of Mor. Denaut to the Kino. 

To His Most Excellent Majesty the King, the humble petition of Pierre Donaut 
Bishop of tho lloman Catholic Church, ' 

Who takes the liberty to approach Your Majesty's Throne to represent most 
rospoctfully, 

That the Roman Catholic Religion having been introduced into Canada with its 
first settlers, under the former Government of France, the Bishopric of Quebec was 
erected in sixteen hundred and sixty-four, and has been succes.xively filled by Bishops, 
of whom the sixth died in seventeen hundred and sixty, the date of the conquest of 
this country by Your Majesty's arms. 

That since that date, the Catholics, who form upwards of nineteen twentieths 
of the population of your Province of Lower Canada, have continued, by Your 
Majesty's goodness, who, after taking tho oath of allegiance before Your Majesty's 
ropresentativort in this Province in Council, have always exorcised their functions 
with Your Majesty's permission and under the protection of different Governors 
whom it has pluas^^d Your Majesty to appoint for the administration of this Pro- 
vince, and that your petitioner is the fourth Bishop who diiects this Church since 
Canada happily passed to the Crown of Great Britain. ' 

That the prodigious extension of this Province and the rapid increase of its 
population require more than ever that the Catholic Bishop should be invested with 
such rights and dignity, as Your Majesty may think suitable to direct and rule the 
Clergy and the people, and to impress more strongly on their minds those principles 
of attachment and loyalty towards their Sovereign and of obedience to the laws 
which tho Bishops of this country have constantly and strongly professed. ' 

That nevertheless neither your petitioner, who for eight years has guided this 
Church, nor his predecessoi-s from the Conquest, nor the'rectors of parishes, have 
had from Your Majesty that special authorisation, of which they have frequently 
felt the need, to prevent the doubts which might arise in the Courts of Justice in 
respect to tho exercise of their civil functions. 

Wherefore may it please Your Mitjesty to permit your petitioner to approach 
lour Majesty, and to pray him humbly to give such orders and instructions, as in 
his royal wisdom he may deem necessary, that your petitioner and his successors be 
<;ivilly rocogiiised as Bishops of the Roman Catholic Church of Quebec and enjoy 
such prerogatives, rights and temporal emoluments aa Your Majesty shall eiaciouslv 
attach to that dignity. o j o j 

For fuller details, your petitioner prays Your Majesty to refer to the informa- 
tion which His Excellency Sir Robert Shore Milnes, IJtironet, Your Majesty's Lieu- 
tenant Governor may undertake to give to Your Majesty. 

And your petitioner shall continue toaddress to Jleaven the most ardent prayers 
the prosperity of Your Gracious Majesty, of his august family and of his Empire 

PIERRE DENAUT 
Bishop of the Roman Catholic Church. 



for 



' 'I 



h • -M 



NOTE D. 



1 ii 




POLITKWL STATE OF UPl^ER CANADA IN ISOCrT. 

No. 1.— ALEXANDER GRANT. rRESIJ)ENT, TO LORD CASTLERKAGH. 



(Canadian Archives, Series Q., Vol. 304, p. 10.) 



(No. 14.) 

Mv Lord 



York, Upper Can.vda 14(h March, 1806. 

-1'' will be iiecoHjsary for mo to submit a short, Htatement of the 
iievoniio of this Piovinee for iho bettor iinciorstuiiding the purport of an address of 
the House of Assembly and the scliodulo of Accounts to which it refers, with my 
answ^er thereto, which 1 have now the honour to transmit to your Lordship. 

The liovonue of this ProviiK-o arises in part from certain Duties, which previ- 
0U8 to the ,oiit,'hteenth year of His Majesty's Reiirn, had boon impoKnl on the Pro- 
vince of Quebec by the authority of the British Parliamont, and partly from Taxes 
ard Duties imposed by the Lo,s,Mslalure of this Province, together with an eighth 
part of the Duties laid on Goods imported into Lower Canada under the authority of 
Its Legislature by virtue of an agreement between the two Provinces. 

From the establishment of this Provin(!e to the year 1803, the Taxes and Duties 
imposed by its Legislature, togoiher with the eighth part of the Duties above men- 
tioned, amounting to about three thousand Pounds annually, were considered as 
solely at the disposal of the Parliament of this Province, and were, for the greater 
part, from year to year, appropriated by it for speciHc purposes within the >ame, 
the Residue of such Taxes and Duties remaining in the hands of the Receiver Gen- 
eral, subject to lutnre appropriations by the same authority. 

In 1808, by direction of Lieutenant Governor Huntor, accounts of a nature simi- 
lar to those stated in the before mentioned schedule (being expenses incidental to 
the administration of Justice and the Civil Government of the Province) were 
charged against and paid out of the Residue in the hands of the Receiver General 
without any appropriation by the Legislature of the Province f )r that purpose. 

For two years such charges were laid before that Legislature, and no complaint 
was made for the want of Parliamentary appropriation of the above mentioned Resi- 
due. When the Administration of the Government of this Province devolved on me, 
confiding in the Judgment and Ability of Lieutenant Governor Hunter, I did not 
feel myself at Liberty, in my Temporary situation, to discontinue what he had 
authorized. 

In what manner the House of Assembly considered this matter at the last 
session of the Legislature, the address sufficiently indicates; the answer "-iveii by mo 
to that address was, to the best of my judgment, suited to the occasion. * 




sequestered from the World, and some of them not having had the benefit of a 
Liberal Education, they are ready to be too easily influenced by the persuasion of 
others who, by their means, endeavour to perplex, if not to distress, the administra- 
tion of the Government of this Province. 




or person administering the Government, possesses the power of appropriating to 



NOTI D.— POLITICAL STATE OK iri'PER CANADA IN 1806. 88 

Hpociflo piirpoRos any part, of tlio Jtovonue rumwi for tl.iN I'roviiico by the Acts of 
Its Jjogislaturo, without tho «HH«nt of that LcgiHlaturo to such appropriation I 
thoroforo cannot help oflbriiiK it to y„iir Lordship, after tho best conHidoratiori that 
1 am ablo to give this Hiibji'ct, as tny opinion, that niatlorH Hhonld bo put on tho 
Hamo tooling as thuy wore, from the ostablishmont of tho Province to tho your 
1K();{, and that tho iteniH of cxpondituro charged in tho year 1K05, montionod in tiio 
add 10.48 ot the IIohho of AsHOinbly, and Htatod in tho schodule, Hhoiihl bo withdrawn 
aschargoH against the Taxes and Duties imposed by Provincial authority; this 
would give complete satisfaction, and I have little dou'bl, but that in such case as 
in Lower Canada, tho Legislature would appropriate a sum, according to ' its 
alulitiOH, for the support of the Civil (iovernmont of this Province, out of the 
liVvonue which is niisod by its authority : 1 make this observation with the greater 
(•unhdonco, as Quo hundred I'oiinds Currency has last Session of the Logislaturo 
boon appropriated out of tlu^ l{(uenne for the iiayment of tlie Salaries duo to the 
bheriffs ot the Eastern and Western Districts of this Province, which salaries wore 
not, nor over had boon, charged against that IJovonue in the Public accounts. ' ^ 
I will, so soon as thoy can be prepared, transmit to your Lonlship, the Acts 
passed in tho hist Session of this Legislature. 

I have tho Honour to bo, 
My Lord, 
With every sentimont ot" obedience and Respect, 

Your Lordsliij)'s most obedient an<l Most Humble Servant, 

ALXR. (IJIANT, President, 
A<lministering the Province of Upper Canada. 



No. 2.-ADJ)Iii<:SS OFTIIF] Li<](}fSLATI VIO ASSHMBLY OF UPPFR CANADA. 

(Par/e 15, enclosed in President Grant's letter, p. 10.) 

To His Honour, Alexander Ghant Ksquiro, President, Administering the Govorn- 
raentof the Province of Upper Canada &c. &c. &c. 

May it i>leahe your Honour, — 

Wo His Majesty's most dutiful and loyal subjects the Commons of Upper Canada 
in I'arliament assembled, have, conformably to our cai'ly assurance to your Honour 
tiikoii into consideration the Public Accounts of the Province; and have, on a duo 
investigation of tho same, to represent to you the firs i and most constitutional privi- 
lege of the Commons has boon violated in the application of Moneys out of the Pro- 
vincial Treasury to various j)urnoses, without the assent of Parliament or a vote of 
the Commons House of Assombfy. 

To comment on this departure from constituted authority and fiscal establish- 
mont must be more than painful to all who appreciate the advantages of our happy 
con-titiition; and who wish their continuance to the latest posterity: but however 
studious we mav bo to refrain from Stricture, we cannot suppress the mixed emotion 
of our relative condition. We feel it as tho representatives of a free people. Wo 
lament it as the subjects of a beneficent Sovereign, ami we hope thai you in your 
relations to both will more than sympathize in so extraordinary an occurrence. iJ'|rii| 

We beg leave to annex hereto a schedule of the Moneys so misapplied, amount- 
ing to Six hundred and seventeen Pounds, thirteen shillings and seven pence, and 
we trust -that you will not only order the sum to be refdaced in the Provincial 
Treasury, but will also direct that no mono3's be issued thereout in future without 
the assent of Parliament, or a vote of tho Commons House of Assembly. 

ALPLX. McDONELL, 

n -LT p s Speaker. 

Commons House of ) 

Assemblv March Ist > 

180() 3 

7a— 3 



■■■I 



I 



•^'* CANADIAN ABCIIIVK8. 

SouEmri.K of Monoyn pai.l out of tho ProviiuMiil Troiisiiry in the y.-ar ondinir in 
Jobruury lH(Mi without tho (JonHont of I'arliiimont or a voto of the CoininunH 
llouHe of AHHonibly. 

Mr. John Monnott (Jovortimoiit Pijntor hoi ri^' the 
amount of bin nuUiry uh (Jovoriimont Printer 
and tho Kent of an odioe Ironi liio Int January 

to the :j(»tii Juno, 1805 ineluMivo £50 

Mr. IIu>,'li McLean lioinj? hit. half yearly ailowanci) 
UN IJMherof tht) Court of King's Honch from Isl 

Januaiy to 30th Juno 1806 incluMivo 5 

Mr. iHaac Pilidngton heing hiH halt yoarly allow- 
. anco aH Keopor of tho(!ourt of KIu^'h Honch 
from iMt January to ;tOtli Juno 1805 incluMivo. 5 
Mr. John Bennett dovornmont Printer boing the 
amount of hiH account for Printinif Pnxilama- 
tion, LicencoH ami LaWH of tho HrMt HOhsion of 
t!io4lh I'rovincial Parliamontof thin Province 
and PublicalioiiH in the Gazette &o, between the 

iHt January and 30lh June 1805 ini'luHive 6;j 5 10 

William Jarvis Enq, Secretary of the Province, 
boini,' tho amount of bin I\hw in divers j)ublic 
luhtrumontH &c between tho Ist January and 

30lh June 1805 inclusive -jg 4 o 

David JJiirncH Ksquiro clerk of tho Crown and Piens 
equal to £8 storlitig beinj^ tho amount of his con- 
tingent account between the 1st January and 

30th June incluBivo 8 17 9i 

William Jarvis Esquire, Register of tho Province 
being tho amount of hi.^ Foes on divers jmblic 
Instruments &c. between the 1st January and 

the 30th June 1805 inclusive 4 15 9 

Thomas Scott Esquire Attorney (Jeneral equal to 
£32.4 sterling being tho amount ut' his contin- 
gent account between the 1st January and 30th 

June 1805 inclusive 35 J5 (ji 

William Samuel Curry, Esquiro, Administrator to tho 
Estate of the lato Lieut. Uovernor Peter Hunter 
Esquire — Being the amount of Fees on divers 
public Instruments due to the said lato Lieu- 
tenant Governor Peter Hunter Esquiro from the 

Ist January to the 30th June 1805 inclusive 42 

Mr. John Bennett Government Printer. "Bein^' the 
amount of his Salary as Government Printer and 
tho Rent of an Office from Ist July to 31st 

December 1805 inclusive 50 

Mr. Hugh McLean. Being his half yearly allowaVico 
as Usher of the Court of King's Bench from the 

Ist July to 31st December, 1805 inclusive 5 

Mr. Isaac Pilkington. Being his half yearly allow- 
ance as Keepoi- of tho Court of King's Bench, 
from tho Ist July to the 3l8t December 1805 in- 
clusive 5 

Mr. John Bennett Government Printer being the 
amount of his account for printing Notices, 
Licences, Money Warrants, Proclamations and 
Eonds between the 1st July & tho 3l8t Decem- 
ber 1805 inclusive H 15 q 



NOTK D.— POMTIOAI, flTAT« OP UPI'BR CANADA tN IHOt). 

D'Arpy Hoiiltr>> i Mquiro Solicitor ({eneiiil, oqiiul to 
£:M IHh Stdiiinjf. Hoiti^ tlio amouiilof his (Jon- 
tiriKOMt acuiiiiit, Crotn tho l^t July to tlio Slnt 
I)ocotnl)or IHiiri incluwive ;{4 <; g 

William Jarvin l-;s(|iiiio Hecrotary of the Provinco! 
lioh\^ tlio amount of hin Foon on divePM pul)lic 
ItmtrumonlH botwoon tho Int July and the Slut 
Deconihcr 1806 incluMive 43 n y 

William Samuel (Jniry l-:squiio, AdminiHtiator to 
tho Krtlatoonho lato Lieutenant <lovornor I'oter 
Hunter Kmiuiie. Moinj^ llio amount of fooH on 
divers publii' InHtrumontw due to the Maid Ijiou- 
tenant (iovernor from the Int July to the 3lMt 

of Au^UNt 1805 70 n i| 

(2lHff) 

William Jarviw KHcpiiro, Uoyistor of the Province, 
ik'inf,' tho amount of hin Fouh on divorw public 
InrttrumeniH between the ImI July and the 3lHt 
December ]H05 incluHivo 7 4 3 

William Allan KHquire. Hoin^' tho amount of Feew 
on divers public InHtrumontH due to Mr. Prowi- 
(lont (Irant between tho Ilth Hoptember and tho 
31st December 1805 inclusive 24 

Thomas Scott Ksquiro, Attorney (lonoral, equal to 
£86. () Sterling. Heiiifr tho amount of his Con- 
tingent account between tho 1st July and the 
31st December 1805 inclusive <)5 17 yi 

Mr. William Smith. Being for materials furnished 
and repairs made to the Passage of Communica- 
tion between the two Houses of the Legislature. 18 

£til7 13 7 



86 



No. 3.— ANSWER BY PRESIDENT GRANT. 

(Pa,je 20, enclosed in President Grant's letter, p. 10.) 
Gentlemen of the Commons House of Assembly. 

r learn with Regret from your Address of the 1st of Mai-ch, that a Degree of 
Dmsatisfaction prevails in the Commons House of Assembly, with respect to the 
application ot a Sum of Money, stated to amount to Six hundred and seventeen 
lounds, thirteen shillings and seven ponce. At the time of my accession to the 
A.dniinistration of the Government, I found that various Items, similar to those in 
the Schedule accompanying your Address, had been charged against the Provincial 
iievenue and acquiesced in for two years preceding, and I directad tho usual mode 
to bo iol owed in making up tho accounts which I ordered to bo laid before you 
during the present Session. Tho money in Question has been undoubtedly applied 
to purposes useful and necessary for the general concerns of the Provinco As I am 
however desirous to give every reasonable satisfaction to the House of Assembly I 
shall direct the matter to be immediately investigated, and if there has been error 'in 
stating the Accounts, take measures to have it corrected and obviated for the time 
to come. 

V TT ^ ALEX. GRANT. 

York, Upper Canada 

3rd March 1806. 



■ I, 



'Us 



¥1 



7a-3j 



-.p 



36 



CANADFAN ARCHIVES. 





h 



A 




m 



No. 4.— MEMORANDUM ON ASSEMBLY'S ADDRESS. 

(^Canadian Archives, Series Q., Vol. 304, p. 22.) 

Upper Canada. 

Upon the accession of Mr. Giant to the Chair of the Council, and the adminis- 
tration ot the Government upon the death of the Lieutenant Governor General 
Hunter, he put himself into the hands of the confidential friends of the deceased 
and swerved from no rule practiced upon during his life. There is an annual for 
carryin^^ into effect ihe Gao! delivery throughout the Province which has usually 
been paid by (he Governor's warrant on the Receiver General, and by him accounted 
lor to the Legislature without any previous appropriation. 1 believe il has been 
usual to charge the Contingencies of the Governor's Office, Proclamntions, Opinions 
Aic., to another account controlled only by the Treasury. The General had been 
advised to a measure of some delicacy, to force patentees to -ome fbrwaid and pay 
^r their patents. This measure had occasioned a sensation so lively throughout the 
Frov.ncc that it was thought expedient immediately after the death of General 
liunter to modify or depart entirely from its execution. Under such circumstances 
It was doubtless imprudent lo call upon the Assembly for payment of the charjro 
incurred m the abortive proceeding; but the friends of General Hunlor thou'^ht 
m-oper to keep the transaction out of view, and warrants were granted bv Mr 
1 resident Grant, io the payment of these sums, precisely as it had been usual to 
grant them for def^'aying the charge of carrying Justice into the District; had they 
not been blenued, I apprehend, no exception would have been taken to the irre^ru- 
larity, or want of a specific appropriation for the service of the Colony But unfor- 
tunately, war had been declared by one part of his Majesty's Servants against the 
other, and this indiscretion was seized upon as a mean-s of annoyance The Terms 
, of the address occasioned Indignation among some, and alarm amouir others of the 
presidents friends, when neither was necessary. Mr. Atiy. Gen. called upon me 
witli the address and proposed answer. The latter was weak and wavering where 
It should have been manly and firm, and e contra was peremptory and pledged the 
Government on a point out of its control. 1 remarked these errors to Mr Attorney 
who acquiesced, and ui'ged me to give him, on paper, my Idea of the proper answer 
1 did so, but to my great surprise learned that it bad been overruled and the Presi- 
dent sent the answer, which occasions the Doors of the House to be shut a-minst the 
usher when he came to summon its att'^ndance on the Chair lor prorogation I took 
the liberty to observe to Mr. Atty. Gen., that the Executive Government should 
never be permitted to descend from its elevation to equivocate with the Commons • 
that if error had been committed, it should be frankly a ;knowIedged, but by way 
of cure they should never resoit to ijromise, or even Insinuation of address (redress?) 
.vhich they could not absolutely command ; upon this principle. I condemned the 
hesitation to admit the facts, which they knew to have been truly stated b'^ the 
Commons and that they should have pledged themselves to refund, having as little 
right to appropriate the moneys of Great Britain as of the Colony, without authority 
I therefore gave him a draft, the substance of which accompanies this, and I recom- 
mended to the consideration of the Administration, one plain Rule of Conduct 
always to examine how every Proposition may affect the pi'crogative of the Crown' 
or the welfare of the Mother Country, and, then, how to give it effect, with the least 
Injury to the real Good, the feelings and piejudices of the Colonist. I have reason 
to suppose Miat I^ad my advice been adopted, the president would have gained a 
victory, for in talking over :he business with some of the Members after proro-rulion 
they assured me that a large majority would have voted not only the re(iuisite con- 
tingent, but thanks to the president for his candoui' and prudent counsel: and Mr 
Gore would have been saved the pcrple.vity entailed on him bv leaving the subject 
open to controversy at the present session. - 

W. D. P. 
{Williaiii Dummer Powell.) 



NOTE D.— POLITICAL STATE OP riPPEH CANADA IN 1806. 37 

No. 5.— PEOPOSED ANSWEE TO THE ADDEESS. 

(Canadian Archives, Series Q., Vol. 304, p. 26.) 

Gentlemen,— In answer to your address on the subject of the disbursement of 

certain sums of money amounting to £ , vvithout authority from the Lei^islatuie 

1 can only say that on being called to the administration of the Government on the 
.)ecea8e of Lieut. General Hunter, I found the practice established and pursued it 

1 shall lose no time in transmitting your addiosa to the Secretary of State, to be 
laid before His Majesty, and doubt not but that orders will be received to renlace 
those moneys at the disposal of the Legislature. 

Eut, Gentlemen, I cannot forbear submitting to vour serious consideration 
whether it would not best become the dignity of the Commons House of Assembly 
to cover by a vote, such part of this expenditure as is admitted to have been made 
for purposes purely provincial and, before you separate, to provide, with the con' 
currence of the other Branches of the Legislature, for similar contingencies durii.L' 
the current year. ° * 



^Sfyf ' 



No. 6.— LIEUTENANT GOVERNOE GOEE TO ME. WINDHAM. 



(Extracts.) 
(No. 6.) 



(Canadian Archives, Series Q., Vol. 305, p. 45.) 



York, Upper Canada, 

1st October, 1806. 



Sir,— Altho from my short residence here, I am unable to lay before you an 
accurate account of the present situation of this Province, yet I think it proper to 
mention such particulars concerr.ing it, so far as my own observation, and informa- 
tion on which 1 think I can depend, have enabled me to collect. 

,, /V^ ^■^^'^^'}. *° ™*^ ^^'"* ^^^ Inhabitants of this Province may be arranged under 
the following divisions : — ^ & 

Ist. Such persons and their descendants who took up arms in the Eoyal Cause 
during the American War, together with others, who then on account of their 
loyalty were compelled to ^eek for protection under the British Government 

-tid. 1 ersons who have emigrated from Europe, chiefly from the Northern parts 
01 bcotlaiid. ^ 

3rd. Emigrants from the United States of America. 

There are also an inconsiderable number of Germans, with a few French 
emigrant followers of Count de Puisaye to be added to the number. 

With respect to the first of these divisions, I am informed that, in general they 
live comfortably and that some of them, comparatively speaking, a-- ,pulent; it is 
fnm them that the Magistrates, Clerks of tho'Peace, and other Civil OfHcers in the 
respective districts of this Province are selected, many of them being Americans, 
are skilful in clearing the Land, a species of knowledge so highly advantageous in 
this country, "^ & " 

The second division of Inhabitants are stated to me to be but indifferent Farmers 
but that by extreme fVugality, the greater number of them have rendered them- 
selves comfortable and indciM.„dent; They are of the Eoman Catholic Religion 
guided and influenced very much by a Missionary Priest, by the name of Mf^Donell' 
formerlv chaplain of Glengarry Fencible Eegimont, of whom I have received a very 
favourjib e character, that Gentleman has, I am told, a ])lan lo propose, of scttiMig 
some of the ehildron of those Emigrants near to the seat of Government, which is a 
measure that appears to mo to be extremely desirable. 

The last Division, viz.. Emigrants from the United States of America, have 
not all of them been represented to me in the same favourable point of view 
some indeed of that description, viz., Quakers. Dutch farmers from Pennsylvania 



38 



CANADIAN ARCHIVK8. 



I< 




and many others have, it is said, proved peaceable and Industrious settlers but it is 
slated also, that there are a considerable number from that Country of a different 
description, who have come here adventurers, and have broutrht the very worst 
principles of their own Constitution along with them, and Ivom what ^I have 

^SITm 'm""-^". "n"^' '"y ^^'•y «li«rt residence here, endeavour to oppose and 
perplex His Majesty's Government, ^^ 

.h.„n <!"T- ^""''^'T .•^\"" object worthy of consideration, whether Lands here 
should continue to be bestowed, perhaps too liberally, for the inconsiderable sum of 
sixpence an acre, under the unpopular name of Fees, which is the only inducement 
to persons ot the above description to settle in this Colony ; and whether it might 
not be better to sell the Lands for a fixed, but moderate, price, as I am 
informed 18 the case in some of the American Slates and also in Lower Canada 

With respect to the followers of the Count de Puisay, their number is 
extremely mconsiderable ; they live quietly, but some of them not very com! 
toitably, such of them as have applied to agriculture have, it is said, suffered 
inconveniences from their want of skill in clearing the Lands 

T.h Pr'I'^T'"'"^^ /"^^ enquiries as I thought necessary, respecting the 
L habitants, I must turn my attention to the Roads, or rather communications, 
witliin this Province, for the making what correctly speaking can he called Eoads 
IS far beyond the present strength and means of the Colony. The Provincial 
Legislature, last Session appropriated sixteen hundred pounds of thiscurroncv 
tor that purpose; on that head it has been represented to mo, that great part of 
the communications have been offered by settlers on the next adjoining krms, 
and that the large Grants of waste Land, which have been obtained by persons not 
residing in the Province, have in many parts been found an insurmountable barrier 
to this vciy necessary species of improvement. 

r,.„i""'"l'?t,*''/^^ ^^^'^■.^^'';;« Government, I must observe that Mr. President 
SnJ?;i if ^^^ ''?"•'"^^''""'''''^'^'•**''^ ^^"^ Tract of Land lately purchased 
from the Mississagua Indians into lots containing each of them two hundred acres, 
which have been granted with an express condition, that no settler should obtain a 
Patent for the Lot which he might occupy, until such settler should build a House 
of certain dimensions, clear a certain quantity of Land, as well as that part of a 
Koad,orcommunicationto be made next adjoining to such Lot, and such is the 
advaiungeous situation of that Tract, that the Executive Government have already 
lound settlers to occupy nearlv every Lot, and it will soon, I trust, afford a most 
ample supply of Provisions for the seat of Government. 

l,n.m^^'P?i!"]^^^^^ Indians, I shall only at present observe, that their conduct is 
harmless, that they look up to the British Government for protection, and unless 
when misled by evil disposed persons, are perfectly ready to comply with whatever 

deTelv'rthem™"^' '"'^' '"'''' ^'*'''''"'' ^«^«'''^'"' ^ ^"^ told, are not wanting to 
I have thus endeavoured to lay before you a faithful represontation of some 
particulars respect, r; the present knowledge of this Colony, so far as they have 
come to my knowledge or observation, but 1 cannot conclude without mentioning 
that I am informed (for as yet I can speak but from observation) that by far 
by far the greater par. of the Lihabitants of this Province are quiet and industrious. 
In the meanwhile, with other Investigations, I shall make it my business 
to discover the plans the late Lieutenant Governor meant to have pursued to 
whose exertions, I have every reason to believe, however unpleasant they 
oblf^atiOT? '^''"'^ Individuals, this Province is under the highest 

1 have the honour to be. Sir, 
With great respect. 

Your most obedt Servant 

FEANCIS GORE, Lt. Gov. 



NOTE D.— POLITICAL STATE OF UPPER CANADA IN 180t). 39 

No. 7.-JUDGE THORPE TO EDWARD COOKE, UNDER SECRETARY. 
{Canadian Archives, Series Q., Vol. 305, p. 86.) 

York, Upper Canada, 

24th January, 1806. 
Dear Sib,— For the last time, I must trespass on your time for five minutes as 
1 think It my duty to inform you on the situation of this Colony, before the new 
Wernor leaves vou; from a minute enquiry for five months, I find that Govr 
liunter had nearly ruined this province, his whole system was rapaciousness to 
accumulate money by grants of land was all he thought of; the loyalist that was 
entitled to land without fees, could not get any, but the alien that could pay was 
sure^succeeoing; unjust and arbitrary, he dissatisfied the people, and oppressed 
tfie officers of Government, he had a few Scotch instruments about him (Mr McGill 
und Mr. bcott) that he made subservient to his purposes, and by every other 
individual he and his tools were execrated. Nothing has been done lor the Colony 
no roads, bad water communication, no Post, no Religion, no Morals, no Education 
no Trade, no Agriculture, no Industry attended to; Mr. McGill and Mr. Scott have 
niade a person of their own President, the same measures are followed up, and the 
eftects will soon appear, for every thing iwu wish will be defended, and the Houses 
Assembly will feel their power, which is always (in the Colonies; a bad thing • 
all this and much more, you will soon know, therefore in this state of things I think 
jt absolutely necessary to set about conciliating the people in every way ' I have 
had some public opportunities which did not escape me, and in private I will 
cultivate all that are deserving, or that can be made useful ; by which means I now 
pledge myself to you, that whoever comes out shall find everything smooth and 
that in twelve months or less, I will be ready to cany any measure you may desire 
through the Legislature; all this I state on the supposition that Ld. Castlereagh 
will not be induced to place any one over me on the Bench, but if Parliamentary 
interest should prevail on him to neglect my exertions,! must entreat of my friends 
to beg ot his Lordship to remove me to any other place, where I can do ray duty 
and render some service. '' "^ 

1 have the honour to be, Dear Sir, 

With i-espect and regard, your truly obliged and 

Obedient, humble servant, 

ROBT. THORPE. 
P.S. I hope for the sake of England and the advancement of this Colony that 
the new Governor will be a Civilian and a politician, it is worth four thousand a 
year, ihe Lower Province six thousand— there might be two good military 
appointments, a Lieutenant General below, a Brigadier here. 

P'rom the Gentleman having delayed who was to take tliis to New York I have 
an opportunity of stating that the Clerk of the Crown is dead. 

5lh February, 1806. The Houses of Assembly are sitting and from want of a 
person to direct, the lower one is quite wild, in a quiet way I have the reins so as 
to prevent mischief tho' like Phaeton I seized them precipitately. I shall not burn 
myself & hope to save others. 



'i 




i'fli: 



^^ CANADIAN ARCHIVES. 

No. 8.— JUDGE THORPE TO LORD CASTLERKAGH. 
(Canadian Archives, Series Q., Vol. 305, p, 90.) 

York, Upper Canada, March 4th, 1806. 

wr«fMLl^Tt~^^?K- 'V^^o'^^ely necessary to inform Your Lordship on the 
wretched Htato of hm Province; a weak Government has made the House of 
Assembly strong, and instead of conciliating and reconciling, a sudden proroL^tion has 
exasperated u. such a manner that appeals will bo made t?'the peopli ; the SuaUon 
tfZ ^"?^'"''""f ^^l" ^« '""^t disagreeable, and as I am certain the members wm 

left Lonrn St'h" ^" "*™"f V'^T''' '\ ^^" ^' ^"^^"'"^^^ '^ ^^e Governor has m 
left London tJiat ho may read the Journals of the House and take your Lordshin's 
opimon on the claims of the Loyalists, the Military claimants, th e?c reused Ss 
the distribution of them and the Publick accounts. ' 

The system of the last Government was extortion and oppression, carried with 

nnl^.:!^A""''r^'' '^'^•'■?u"^ \' P''^"*^"^ ^"« t« ««"^i""« it. bTt from he imbecU ty 
of those directing everything has been exposed ; my Lord, I perceived what wou d 
caSUn!^ considered it my duty to gain the good^ opinion If the poo^and the 
conhdonce of the representatives, that I might assist in repressing violence and 
restoring harmony ; ,n this I have succeeded so completely that if th^e Gove, nor wi 
only yield a liUle I will promise your Lordship to ensure his comfort. 

A JJill came rom the Secretary of State to enable aliens to hold Royal Grants 
rid hr/*V-; '"^'^ "^:'"';g«d. that the House of Assembly would not suffer it to be 
i« il i« an object with your^ordship, by a little'^mo.lification we can get it 

??IZ 'h. Tk- ri.^''""""'"'!!' '^".^" ''^"" '«"» ^«^'r«^^ to attend to the culture of 
Hemp, but his Ike every other thing that could tend to serve the Province or 

steu T took "ft ' ? '^■''' ^;;'"'" Y' ^'"'^ "'^^''''^' '^''''^^^' My Lord! tl^ firsJ 
step I ook, after having sufhnently gained the confidence of the people was to 
establish an agncultural Society, extending over the whole Province, and 'a™r 
Lordship will see by the enclosed Resolutions, have taken care to impress an early 
attention to Hemp; the next thing to bo attended to is a road throS 
the Province, which appears to me to have been neglected, for the purpose 

hi t;i!?;"fff"l- ' T^u''^""'' ""'^ e^i^ensWo Marine on the Lake, which l^./enray 
be taken off Great Britain as soon as roads are established, and he only certain and 
expedit.ous^mode of doing this (in my humble apprehension) is by a^ottery the 
prizes in which would be small grants of land, byVhis means I thinlfthe va ue of the 
Crown Lam s would be much increased, the Marino fund would bo much diminbhed 
and population and prosperity at once given to the Province ""minisnea, 

think TTrlK«.''S ''"'' ""'.'^' more, and when I write on this, it rejoices me to 
think I address a Lawyer whose initiation I remember twenty years since under 
Dr Christian, and whose mind 1 know to have been formed^ and stored by the 
gi eatest lawyer and the purest statesman that England ever produced ; then I have 
only to inform your Lordship that there is no Court of Chancery, ind you wTu 
quickly perceive how ame and imperfect the justice of the Province must^be t t 

Tenuio which no simple contract debt can affect and that the person is protected 
from arrest by Provincial Statute, except the creditor can swear\hat the lEdual 
IS going to eaye the Province, you will at .nee perceive the necessity for^en "l a 
Court in which a Mortgage can be foreclosed; in truth, until this is doneHm one 
can enforce payment, nor can the character of the Province be freed f I'om the 
utmost Ignominy; I must here remark that the Lands in Lower Canada are liable 
Ike personal property, to debt as they are under the French law which is but on 

Prv"mv"T "".''' 'T ?i"-^ r'T'^ ^''''^'''y '''^i'^' to simple contract deb^s. 
if nnn -^ ' . ' P"'''^'*" ■'"? v"" ■"^-' ^^ -Uu^tion of the Provincc demanded 
nrkJTo '" "?n ' ""' 'V:?^"-« ^« "^y J5«I>artment, and I have done-thc 
Sn L H . T" ""'^ ?"" "^ ^^'"^'" ^^"'^^^ '« ^^^'l. Mr. Warren Bal.lwin who is 
deputy, and has been so for some years, is the only educated and qualified person in 



NOTE D.— I'OLITICAL STATE OF UPPER CANADA IN 1806. 41 

the Province to eacceed him; therefore as the Clerk is a person of great conse- 
quence to the Court I must beg strongly to recommend him for the appointment, 
unless Your Lordship intends to Gend an adequate person from Eiiglancl in which 
case I would not presume to interfere, yet justice and humanity loudly call in this 
mans favour, as his admirable character entitles him, and the subsistence of a large 
family resting on it, will ensure y}>nr Lordship's protectioc. 

As for myself, one word; I have been in America four years, a country where 
Judges and Juries never have agreed, yet but two Juries have ever differed from 
my direction, and an appeal was never made from any one decision, my conduct is 
known m your office, and I am personally known to Your Lordship, however if 
anything could induce you to sting me to the heart by placing any one over ^e, 
1 entreat of you to take me from this, where I should feel perpetual mortification 

1 have the honour to be. My Lord, with great respect and esteem, 

Your Lordship's most obliged and grateful humble servant, 

ROBT. THORPE. 



No. 9.— PROCEEDINGS OF THE UPPER CANADA AGRICULTURAL AND 

COMMERCIAL SOCIETY. 

(Canadian Archives, Series Q., Vol. 305, p. 96.) 

York, Upper Canada. 

At a Meeting of Gentlemen from different parts of the Province, held at 
Cooper 8 Tavern, on Saturday the 22nd February, 1806, it was 

Resolved, That from the industry of the People, the power of the State and the 
Wenlth of the Subject is derived ; and Agriculture being the happiest mode in which 
industry can be applied, we feel it our duty to Unite, for the purpose of promoting 
its advancement and accelerating its protection. 

Resolved, Therefore, that we (for the purposes aforesaid) do now form ourselves 
into a Society to be termed 

The Upper Canada 

Agricultural and Commercial 

Society. 

Resolved, That for the various uses of this Societ}-, each Member shall pay one 
Dollar on being admitted, and two Dollars annually. 

Resolved, That the Honourable Mr. Justice Thorpe be Chairman, John Small 
Lsquire, Secretary, and Charles B. Wyatt, Esquire, Treasurer. 

Resolved, That to promote the design of this Society fully, and to obtain 'General 
information on the AgriL-ulturo and Commerce of this 'Province, a division of this 
Society shall be foimed in every District, under similar Rules and Reirulations, and 
that a Committee for each division, shall communicate Quarterlv with the Corres- 
ponding Committee in York, on the Improvements made, and the assistance wanted 
L° UA- \"r'*'"" l^nmches of Agriculture and Commerce within the District, and that 
Sub-divisions be formed wherever they may be necessary and convenient. 

Resolved, That the Hon. Mr. Justice Thori)e, 
The Hon. Peter P ,h.-cI1, 
Hon. Mr. Justice .\ .ell, 
Hon, Thomas Scott. Attorney Gener.n!, 
D'Arcy Houlton, Esq., Solicitor General, M.H.A., 
Wm. Weekes, Esq., M.II.A., 
Rev. Mr. Stuart, 

be the Corresponding Committee of this Society. 



i--^l 



42 



CANADIAN ABCHIVEa. 





Resolved, That ouch momlior hereafter named for the different DiHtricts in t},!^ 

m XT T, L TT . ^'"' '^^ Niagara District. 
The Hon. Robert Hamilton. 



The Hon. .lames Baby, 



For the Western District. 



T, . , w ,, „ ^'"' ^^« iion(/on District, 

ilonajtth Maliory, Esq., M.H.A. 

.,, „, „ For the Midland District. 

Allan McLean, Esq., M.H.A. 

, , „ , „ ., J'^or the Eastern District. 
John Crysler, Esq., M.H.A. 

n -^ Ti4 ^ ,, ^^'' ^^^ -District of Newcastle. 

David McGregor Kogers, Esq., M.H.A. 

Peter Howard, Esq.. M.H.a'.'' ''""'"' of Johnstown. 

OaArNfrl??'/^''"^ '^ Q'mrterly Meeting be hol.l on the first day of the sitting of the 
Quarter hossions, and oftoner, as the Society shall think necessary. 

Sub (^fmiTft J^"-.f^'' ?"T'"*'-"' "*■ Correspondence be empowered to form as many 
ctsi"..raml und^^ ^' *"""^' convenient, according to the 

n.if£ . V . f ^ ««g"l'itions of this Society, and that the Corrospondinff Com- 

P pose of"l' 'TJn^tT'' '" ''T'' "*■ .^^-.^^-ral Fund of the SoTe"; for the 
puiposcs ot the Institution, accounting at the Annual Meeting for the same 

Dist,SA-^l5,dlor "^''i;'.": "'Member bp admitted at any future Meeting in this 
fxclusion o SJp I ' ^''''' ""^""^ ^'■'"'^ ^'^'^ '" ^'"'"^ ^l^'"! ^^ considered an 
?or sh 1 bi ent to ?be ^^7'^' ''ei'^''^ '^' "'"^ ^^"tho Gentleman to be ballotteJ 

£n;,ti\t;Mriertteaix^^^^^^^^ '""^^^' '' ''' ^«'"^'"^- -''« •« ^« p-p- 
soci^!tt^Se5'L;;;?Si-ri£sis:'^^ "••'^^""' '"'^«^'^^^"" ^^p^- «^'^^^« 

to;i'e<i. That the Members will exert themselves to engage their nei<rhbours 

howreT"m:iirw?trT?« "" ^^^"7«-. *« -"ivate annualiyS^oortion oSZ 

resuk s^ffio.T^ IVh T^' ""'^ ^"^ ."''?"" '" ^''« Corresponding Committee the 

deaninJ theS^ "I"' '^'fj "^*''' •^'•°""'^' the expe.rse of culture and 

duced/c&c. ^ Market, and the quantity and quality of the Hemp pro- 

^^HU^if^^^^"^' "^^f.^"^^ hundred copies of the proceedings of this day be printed 
Copy thereof' " "''°'""' ^''"'"'^^' ""^^ ^^'^^ '^'^^'^ '^^«"^ber be funfisD wuK 

nhl« fif^^'pif''-' That the unanimous Thanks of this Society bo given to the Honour- 
able the Chairman, for his laudable zeal in establishing this Sodety 
Adjourned to the first day of the Sitting of the Quarter Sessions. 

JOHN SMALL. 

Secretary. 



NOTE n.— POLITICAL STATE OF UPPER CANADA IN 180C. 



43 



OHIOINAL MEMHEK8. 

The Hon. Mr. Justioo Thorpe 

Hon. I'otof JliiHHoll 

Hon. Mr. JuMtice Powoll 

Hon. Kohert Hamilton 

Hon. ThoH. Scott 

Hon. JiinieH Baby 

William JaivJH, Hocretary of the Province. 

ThomaH JJurland, M. JI. A. 



Allan McLean, 
Robert Nellis, 
Wm. Wookes, 
Solomon Hill, 
Peter Howard, 
Benajah Mallory, 
D'Arcy Boulton, 



M. H. A. 
M. H. A. 
M. H. A. 
M. H. A. 
M. H. A. 
M. H. A. 
M. H. A. 



Kbonezor Wanhburn, M. H. P 

David Cowen, M. H. A. 

D. McG. Roarers, M. H. A. 

lialf Clench, M. H. A. 

Joseph Willcocks, H. Sheriff 

Quetton St. George, 

Samuel Ridout 

John Small, C. C. 

John Borkee, 

John Bennett 

ThoH. Mosloy 

John Cameron 

kichard P'erguson J.P. 

William WillcoclcB J.P. 

Wm. Allan, J.P. 

Robert Baldwin J.P. 

Wm. (Tilkinson 

Rev. G. (). Stuart 

William Cooper 

T. B. Gough 

Simon McNabb 

Rev. Rob. Addison 

George Lane, 

Wm. Stanton I). P. 

Robert Henderson 

Frederick Baron De Iloen 

John Ashbridge 

H. W. Baldwin Master in Chancery 

Wm. Chewett, J. P. 

C. B. Wyatt, Surveyor General of P. 

Thomas Ridout, C. P. 

Elisha Boman, J.P. 

William Bond 

William Graham, J.P. 

Stillwell Willson. 



\( ?, 



i -fi. 





. ) 



** CANADIAN ARCHIVB8. 

No. 10.— JUDGE THORPE TO EDWARD COOKE. 
(Canadian Archives, Series Q., Vol. 305, p. 103.) 

-. „ ^ 5 March 180(5. 

w^nM K^^^i- m' • •^^P*'^^®/^ ^*"** **>® uvarico and imbecility of om- Government 

would be high y mjnnouH, but it has far surpassed my fears, the House STHsemWv 

. has been suddenly prorogued, and disaffection and discontenrwil rioud thrZh 

aL^'tTnin^f^\'":',r" '^"^^^ '^^ ■"'■«""«« '^^'' «"se. when tSe peon e a^-S 

w« fittrii^t!:;;' aVoThim."^"^' ''^ ^^-^"^ '^-^^^ -"^^^-^ ^ --^^'« «---• 

I have written in groat hun-y to Lord Castloreagh, one thing I fo.-ffot • does his 

rhnnf«?in i K.! u ^'''' King-Chapter 88-and by the 15 of the Kinff- 
Pm?,nl ?~ '^'^ M^"" appropriated by the House of Assembly for the use of the 
Province ? or are the sums to be raised at the disposal of the GoveZr ? the 
opinion and wishes of Lord Castiereagh on this point I think of grea? moment to 
know. I enclose some Resolutions which will show you I have se AgSure in 
the way of improvement, pray set the Societies in England in the way of Hi'ti-^ 
Casttre ;rh J our attention to anything serviceable to Great EriS. WiH LoS 

whioh r ifli ^ ■n'^^ ''^^^y ''Tl^r'^ ^ ^ '^«^« fe''v«" '^ P'-"PO«»l about rZI 
which I hope you w,ll approve of; by Government allowing a small quantity of 

thlmH^hPtrT"^'^""'?-'^"^^'^"^""'"^''' ^^ raised t(? make Osgood Ld 
th ough the Province, which will wonderfully assist every exertion and biW the 
rr«l 'T ^'■'''' value, I can think of no other mode to accomp ish" this 

neces^H,,- s ep for a now countiy^ which has been so long criminally nogleS. 
without iriLtLo/T >8 absolutely nocossaiy. the Constitution is imperfect 
without u, Justice cannot be obtained, nor can the King's Grant when fraudulentlv 

Uhrh'^''';T'^''T"'"'^^""^"^'^"^' ^« regularly cancellocf in any 0^0. Court I hoX 
It has boon dela^'oc! on account of four hundred a yoar being asked for the luS 
but there IS such a strong necessity for its establishment, that I wiU undeVtake^it 
for the sake of public ustioe, without fee, or reward. I only look f^ a siiDnort bv 
my own labour until my Estate clears itself. ^ support by 

. , ,y"l?"'' ?^"" ^i""^ *o «»tail miHory on the new Governor, let no representation 
induce Lord Castiereagh to do any thing for Mr. McGill or Mr. siot until Z 
Governor knows them and the present stale of this Province ' 

f,..Jlu fr" '^ ''PF'inted to Lower Canada, he became Chief Justice of this place 
from the seat I now til on the Bench, 1 ,.t I do not press that as an iMducemen for 
irni ^."^''•I'jf ^gl^ *« .P'««« "!« there ; I hope the knowledge I have shown in my 
p ofession, the exertion I have made for the Government and the conHdence The 
publick have of my ability and integrity, will have its full weight vvUh his 
ovo'r n?f ''"i' ■^"'^'•l^i"^' ^'>0'>l^l induce him to disgrace mo, by seSg Tny one 
km me!' ^^^ ^^ ^'"" '"'"''''^' '"^ ^"^' '"^ removed.'foJ to remain would 

I am dear Sir with great respect and esteem, 

Your truly obliged and obedient humble servant 

p a r> *i ■ . . ROBIiRT THORPE 

hnr-L; ^"."^^^ points mentioned to Lord Castiereagh and yourself if too much 
humed to write have the goodness to request of Mr. Gordon to let me knowTour 
mind ; if you intend I should be Chief Justice. ^ 

No. ll.-CHIBF JUSTICE ALLCOCK TO SIR GEORGE SIIEE. 

(Canadian Archives, Series Q,, Vol. 305, p. 113.) 

Q,„ ^ . , . Piccadilly, 14 Mar. 1806. 

,.,!.• ^'^ ~^" }^^, «»bject of the Court of Chancery in Upper Canada rosDoctin^r 
which you desired me to communicate my sontimenlts, 1 haU, in aSdSn toThal if 



NOTE D.— POLITICAL STATE OP UPPER CANADA IN 1806. 45 

statod in Gen Iluntor's Ioltor,dato<l 15th Sept. 1804, the honour to observe, that 
.luring the whole of my ReHidenco in the Province for the year 1798 cases were 
continual y occurring, in which Justice was completely disappointed for want of a 
Oourt ot h([uity. • ^ n «• 

But, Sir, it must bo manifest to every Man, who thinks on this subiect but for a 
Moment, tha in one hnglish Colony, where the Law of England has been declared 
by the Legislature to be the law of the land, the occasions must be very numerous 
in which a Court of Common Law cannot administer substantial justice ' 

It IS fourteen years since Upper Canada has been erected into a Pro'vince, and as 
yet there has been no Court of Kijuity in it. ' 

. ^/'JM, ^ f >" *•'" ^'^"'t "!■ King's Bench there many verdicts were obtained 
against DefendaiitH, contrary to the Kquity of case,* in 'which a Court of Law 
could not attoid any Relief, particularly in Ejectment cau.-es. 

There were many of these cases, in which the Decree of a Court of J<:nuitv must 
as a matter quite of course, not only have relieved the party from the ver.iict but 
have arianged many other points in question between the parties, & which 
because a Court of Law coul.l not interfere, remain to this moment undecided, to the 
serious Injury of one of the parties k of consequence in failure of justice 

-Ihe complaintsof thoKing'ssubjectsin Upper Canada that tboy had not an equi- 
table Juiisdiction to resort to, have been very numerous indeed, ot which the late 
tren. Hunter heard very much, & 1 very much more, & I had held out so many 
assurances for years (being authorized so to do) that a Court of Equity would soon 
bo ostablished that, I fear, my assurances at last ceased to be much attended to 
TT •^*>?,-^l"';«*""'t'^ of Lower Canada having very considerable debts duo them in 
Upper Canada upon Mortgages, complained loudly and verv frequently that there 
was no jurisdiction in which they could foreclose those Mortgages & I believe 
they hiivo more than once made the most urgent applications to the King's Ministers 
in J<.ngland, praying rhat an equitable jurisdiction might bo established 

At the «lesire of Gen. Hunter, I drew out a system for the Establishment of such 
a Court & also a 1 able ot Pees. These papers were remitted to England for the 
approoation of his Majesty's Ministers, & I thought I understood from Mr. Cooke 
that the whole had been or would be approved. ' 

At all events it was settled, before the vacancy in Lower Canada was known of 
here, that a Court of Chancery should be opened on my Return to Upper Canada & 
1 was to have sat with the Lieut. Governor to aid him in the Business of that Court. 

1 have the honour to be, Sir, 

Your most obedt. humble Servt. 

11. ALLCOCK, 
late Chief Justice of Upper Canada. 



No. 12.— W. HARRISON TO SIR GEORGE SHEE. 

(Canadian Archives, Series Q., Fol. 305, p. lid.) 

Tempf-e, April Ist 1806. 
.. S'K.—l liiive considered Mr. Ailcock's letter on the subject of establishing a 
Court ot Oliancery in Upper (Janada, on which you desired to" have my sentiments 

It scorns extraordinary that a Court was not established at the time of the intro- 
duction of the English Laws. The separation of our jurisdictions into le.ral and 
oquitahle mak.s such a Court a most essential part of our establishment & making 
cases of hardship &, instances of fiiiluro of justice must occur until it is established 

Iho (royeraor wU! naturally require positive diroUions on the subject as it haJ 
been delayed so long. It seems to me therefore proper that he should be ordered 
^\} !\ '^"^l^^^'^iy o/" «tate immediately to establish such a Court, taking upon him- 
self the ofhce of Chancellor & calling to hid assistance either the Chief Justice or 



46 



CANADIAN ARCHIVKS. 



,1 




any of the Judges to assint him in eHtal)liMhing tho regulations of offlcors & detaUn 

Many (limfultios will at first occur in establishing such a court with Officers 

Canmi sL t ^T'" ll""^ """■" "''^■'«««»'"« ^hat tho ostablishmont of IJpm" 

L::st.;V"::;rto^l;r?s ^^ p-'^-^'^ rut^re^n'co,fvenienco whtrit'ir-n^t 

to roftM- fo'^nrMf n^'^' '•""'^•? ^" papers on tho subject which it would be adviseable 
nm^lZ 2 f { «",'""^'«^ 't "Pl'^ai-^ that the establishment of the Court as o 
S L •. " *"*'/'""" approved of by the Attorney & Solicitor Gene ra who 
Scte3 to f<Z"ll ' r^M-'? ^" ^fo-Tod to in such a'case, the Governor may bo 
anectoU to lorm the establishment accordingly. ^ 

I have the honour to be, with great respect, 

Your obedt. and humble Servant 

VV. HARRISON. 



No. 13.-JUDGE THORPE TO ADAM GORDON. 
(.Canadian Archives, Series Q., Vol. 305, p. 124.) 

YoBK, Upper Canada, 

April 2nd, 1806. 
Dear Sir,— By a circular letter from tho kind of Government we have here I 
^as intormod of your being appointed Agent, which gave me grerpleasure 1 Sw 

: m™tTt"h r biir'tV' r'^"' ^'^'^ "^^^'-^ "^ (.ovei^nmenrcomf^l^tibre l^ 
Itk'^^Tf ?• ' therefore am convinced of tho service you will render 

& the satisfaction your appointment will create; It would be fo. tunato if all the 
agencies were placed in the sumo way as rapidly as they bccLo vacant t would 

expr: .?3i3s""''''^^ ^^""^ '''^ «"^ ''^ irtainty Jf Va;renr;:l'^r:rt 

IZZS" " "'"'^ "''^ '' '"" '^""'''•«'' ' >•-'• °"'>-^-'* I thSvery Uttie 
1 enclose you an account of thi proceedings in the lust Parliament the mind of 
the people IS groat y roused ; General Hunter's was a military Government he had 
no Idea but collecting Dollars, -hose weak people attempt lo^ conti.r the system 

thlr,".^ 7-'^"'''^"'''''"^''"'' 'tH commotion i I had exerted myself muJh' 
c^. have succeeded in ga.ning tho confidence of the people beyon.l my expect ition 
this was quite necessary to save the new Governor from great annov'ince a^.d 
as 1 expect to be Chief Justice, it was both my duty and illliliSn ^ ' ^ 

We have no regular Post, and seldom hear of the incessant glories of Great 
Entain, Mr. Lewis used to semi me a newspaper, but I never get anything tre 

1 am Dear Sir with groat I'ospect & regard 

Your obliged, humble servant 

ROBT. THORPE. 



I ! 



No. IJ.-JUDGE THORPE TO EDWARD COOKE. 

(Canadian Archives, Series Q. Vol. 305, p. 127). 

p. „ „ York, Upper Canada, Ist April, 1806. 

tronhlo ton fnUY''''°.-^ ''''*, 'V^'^'^''^""^'''^^^^""''^ "«t *»^^<' boon obliged to 
trouble you for a longtime, but the present temper of tho American States rtnders 



NOTK n.— POMTIOAL STATE i>V UPPER CANADA IN 1806, 



47 



lirincJ'*' H«S''fh<!'r""Y^; '•"' ^'? "*•"".•'' '"^^^ «" ""^»'"t" "^«"»"t of thi« 

[nf^l 1 u ''"K'H '^t'tro mot I rnontione.l my foaiH ; uftor tho nroroiration 

I nformod you how much thoy wore ro.ilizo.l; iho public m n.l Ih -n-oat v uSated 
The onolosod account of the I'arliamontary proccodinU (printed in tt.e sSo"? wlS 
expo.es a «ood deal vv> 1 maico it woi.e,und\i Novv^p.^r w»'ic^h U^^o X^^^^^^ 

to the British Government and the Province vahiahle, if Juntico was done to the n« 
and exort.onH made for the other; but the extortion, partia itTan foKlii^ice^^^^ 
[ll r "■' ""'?'' ? '"""'* "'"' ^'^'^"•i toolKhave followed up with the pSlent 

haH^lt t^hl"": ° ^T'"'""V'"^ '1^''^^ '■'"• ^^«''' «^" l""-P'>«««. iaH been expS and 
haH Het the people mad; u Governor to enr-ch himHelf by the plunder of 

X D.'JlVa'ltTuieV:';""'^'^ ^"'^"'' ^"^ I'f" ^"P"'''^^ ^»'^^^«''''' -l-e:L the 
Cf r«. Ir . J I . ''"^"'.'l I'""'*"'"" miserably mean and contemptibly wicked • 
but Gen. Hunter d,d not act with common propriety to tho Secretary of State tor hei 
created placcH for hm own purpoBes without an} leave; he made Mr LgW In^nector 
General a place worth four hundred a yoarf becaus'e it waH^H of^ o in bu'in 
TnZZT! "f«««'-«.to the people. 1 hope nothing will bo done foi- the Offleo s 
oi Government liero, until the Governor comes out, an it will be very iniurious if ho 
is Bhackled with any of them, particularly in the Council, only let hmHe the p ace 
know tho people and leel the pulse of the public, and he will be able to make t uei- 
and more benoficuil representationH, than any you can now receive; few le. ible 
men coming in the Governor's suite will throw a new portion of hLltLZ the 
Snii;;r«v"t "'' •' "^««'"t«'y "«c«««"ry. for tho people U no To.gT o. u>o a 
t^ eSc^it ' ""'■ ^" ""«'-''«"""^' "-^P^il^^ who'hal^e been tho service instruments 
The oxponee of the useless Marine on the Lake is enormous if vou look into th« 

Army oxtraordinaries you will beama.ed at theamount, the pZi^Lftin^^^^^^^ 

a Ship for his son in law that will cost three thousand pounds. Surely leZef 

of England should not be lavished at this time in such a 'place as this, a.s a nTetox"t 

evfin^th?rnJf..P"''}'''' "''"^"•."^ ^^ fn^'^t i" «" tl'« counties to address the King, and 
thiLonil? nf T ^" «^'"?.P't'" «f grievances ; however I will labour to keep every 
thingquiet at least until the Governor arrives. I have done the entire of the 
•CrimiruU and iV.-3.pm5 business for tho Chief Justice since I ha^e untved in trSh 

tUe "fb.uZ aTi 'I' 'r ^'"7" ""'^ P^«P'« ''""' «"^-^'« '"« should act tha knew a 
litt e fo. the Attorney Genera .s as incapable in his profession, as ho is injurious out 
of It) and r hope you will think that 1 have made good use of the opportunities the 
the iurlosl'r I' ^ ^"" '"''''l^''' '^'«.P«T'« ^'^'ro dlsattectod to the So'vern me ft an^^ 
tliJfL 1- f "'"■ '" pPP»«'t'«» to the hench; I directed my charge strongly to 
th.s feeling to rouse them to a sense of their duty and to a proper estimS of 
the connection and constitution of Gt. Hritain, which instantly pToZcec the 
X tTtl hH fT ^^'« P°V' J"/T '' ^•ircumstance unique; nowyLc^inten udge 
1,1 . r u'\\ ^""Z" »"d ^^ "It 1 have done. Having accomplished all that w?s 
necessary I shall ro. re to little Farm new Town, and there wa t Lord Castle reaS 
determ.nafon, should his Lordship recommend any other person U, be Ch e JusUce 

Cic;:i'Zil%'" '"'''■''"'" V^"'^ ™^ ''''y '"the King's Ben 1,0 on 

Oncuit, until I can prevail on his Lordship to change my situation I hone vou 
approve of my plan for Jioads^ and feel tho necessity fo^- a C^ou. t of Cliance;?' ^ 

Iho most anxious to hoar from England I must remain in uncertainty for we 
have no regular post and I foar my lettoi-s are suppressed. ^ 

I have tho honour to be Dr. Sir, 

with groat respect and regard 
Your truly obliged 

EOBT. THOEPE. 



■^ "^^^^^d^^^^ 




48 



CANADIAN AR0HIVB8. 



' - "'4 



No. IB.— PETIT JURY IIO.MH DiSTItlCT TO JUDCK TllOiil'K. 



(Canadian Archives, Series Q., Vol. IW!^, p. 132.) 

York, Sutiinlay, April 5, IHOi;. 
On Monday tho 27th .ilfo. tl.o followin,; al.iroHH frotn ll.o I>otit Jury ..f the Homo 
i)iistric(, wuM prcHonti'd to tho lloiioiiniblo Mr. Ji^tico Tliorpo. 
To the Honourable Mr. Justice Thorpe. 

HoNuuRKi. Siii,--I)oo|)ly imnroHHcd with tho paternal and nalntary admonitions 
contained in your bonovolont and in.str.ii-livo charge t.. that i.arl of his Maio^tv'M buI)- 
joctH, convened at- porsonH at this prcmnit <;oiirt, We cannot nuppross the lest imonv 
pleaMire and frrat.tudo we feel at your apnointnu-nt an one othii Majosty-H JuhIIcoh in 
thiH 1 rovinc.-. (onvincod an we arc. oft f.e hi-h pro-cminoncoof the Uriti.h Judicial 
Uxie, we Ir.^ leave to asHnre your Honour, that we want nothinL' hut clear exmwi- 
tioiw ot our duty, to direct uh in the entire and perfect dinponHation of JuMtico ho fur 
as lactsand our poworw iw pernons may onaldo uh. ' 

rerniit UH, ironourahle Sir, whilnt payinir thin tribute to yourself to nay that 
wo have the most lively nenne of the ^'enoral an<i particular protection of po'i-Hon 
property and indivi.l.ial ri^^ht. which the British (iovernmont atfordn to all Its nub- 
joctHj and that our teelings, loyally and our atta^-hmontH are in uninon. 

While wo have the honour to nubHcribo oui-hcIvos, A:c. &c. &c. 
John Button 



Joshua Millar 
Isaac Secord Son. 
l>aniel Dchart 
Joseph Toiniinson 
Samuel Lawrence 
John Daniel 
Garret Vani;ante 
John iVhart 
Joseph Vanciso 
William Jonen 
Samuel RoynoldH 
Benjamin IlairiiijL^ton 
Samuel Piper 
John Wurirt 
Philip Peck 
Peter Degear 
Abraham Jlorriiif^ton 
John Moore 
J.sa.'ic Secord .Fun. 
James Hamilton. 



William Marr 
John Itemore 
(ioor^^e I'inj^lo 
(teorj(e HoyloH 
Henry Hariholomy 
Robert Graiim 
Wm. ItobiuHon 
Mbonezer ('ook 
Andrew Thompson 
Matthew MillH 
Ezekiel Post 
Archibald Thompson 
Andrew .Johnston 
David Th()m|)son 
James Klliott 
.lames Palmer 
Uriah Lundy 
Joseph TumliloHtone 
Peter Miller 
James Mustard 



To which his Honour was pleased to return tho following answer • 
To the Gentlemen of the Petit Jury. 

Gentlemen,— I Deli«:ht in the sentiinontH of your address; the i v - ,,!> rrati 
fyin^lo mo, they are hi-hly honourable lo you ; ibey have driven calumny to shamo 
and established the purest principles, with the most upright conduct lor universal 
imitation throughout tlut Province. 

These are the paths to i)ublick prosperity, these are the ways to presei'vo liberty 
and j)r()perty and secure them undiminished to yourselves and p >sterily 

Our only con'-nti. n shall be, who will make the greatest exertion to maintain 
the connection, th. 1. .w, and tho constituti:)n of Great JJritain, and render to the 
Province and Peui !• ': nv'-\ valuable service. 

Be assun; -; »i.:.".:lor.jon, I am niiwl truly your friend, 

,. „ , .,„.^. ^,,^ iiOBEKT THORPE. 

I ORif, March 29th, l806. 



WOT* D POLITICAL UTATB OF UPPKR CANADA IN 1806. 

No, 16.-JUDGE TIIORI'K TO HDVVAUJ) OOOKK. 



49 



(Extract.) 



(Canadian Archives, iScriea Q., Vol. :]06, p. l;{6.) 
I)BAB Hiu,-l luivo this momomt heard of Mr. PiiC« .le.ith. and ..ftlio chanir*' in 
M mm ry ; I hu«,,oc you will not remain in umco it your ol.l friend, ur„ u.ii here^ 
ft^ro Hhouid hope (>f you apprnvo of it) that iho busino^K part „f iny letteri' to T^ 
CaHtloroaKh Ac yourHeir. would .0 communicated to tho nov,! Hocrotary, a^ ,n^e fe 
It oHHonl.al not only to Iho pi.mperity Imt t.. the tran.iuillity of tho IVovince that ks 
mtuat.on nhould l.o known and Hon.o change adoptcl. It i« a LM-eal public caamitv 
you .10 not remain in the Departtnont, and an unlortunate\yHlom t cha, ^ L^e 
TJndor Hecretary ,u. tat tho time ho bocomoK muHtor of the Colonial buHinoHH 

Uoforo Ld. Cast oreagh loaves his ofHco 1 prosumo ho will till up the vacant 
appo.ntmontH, and I have no doubt of his kin.lnesH an.l your continued friLship to 
'""• vVith great roHpoct and esteem ^ 

. ., ^ I a'" ni08t truly your obliged servt. 
^f""" ^- EOBT. THOTU'i:. 

No. 17.-JUDGH TIIOKPIO TO ADAM GORDON. 
(Canadian Archires, Series Q., Vol. 305, p. 160.) 

York, Upper C.waoa 

^ ^ , ' J'ily Hth 1806. 

* * * * # * ¥ 

Report Hays Mr Scott, tho Attorney General, is the Chief Juntjco from whul 
.n.sreproHentat-on of him or from what pique ag-'unst me ].d. CastlJ wh as no 
th.H 1 know not, but this you will s...,. know,^hat ho is perfectly u,.?qurt . he 
s.tua .on, that tho Governor will be dreadfully perplexed b} .uch an a ,po n, J„t 
hat tho /"'ovnco will bo universally dissatistied'with him, and I think you w non 
hnd out that the P,„ymco would have boon perfectly satintiod had I boon , points 
and , you ^"ovv but half tho situation of it, 'you wouM bo convinced th t 'w , ; 
time to add fuel to tho flame, and throw the now Governor into a state of wrotehe 
ness ; but we expect the now Governor every day and 1 suppose ho will soon inf r m 
J.e bocretary of every tlung however if from the accounts received M.-. \Vi ulhan 
approve, ot my plans sent to Ld. Castleroagh and Mr. Cooko, or has anvthin-new 
to propose, and thinks my assistance will be wanted, ho should appoint mo whW 
delay to both Councils, that it may be in time for the meetin- of 1 o Lo-^rshitur ho 
will be the bestju.igo of those matters; If there is a Courr<.f Chance?! (an 'tJo 
Piovinco cannot go on much longer without it), I suppose I shall have no^competitor 
or that as I suppose none of those people would have the folly to propose L it- 
however I know s.)tnething ought to bo done soon to quiet the minds of tho , eop e 
as for myself, I sha 1 retire uh much as possible until I can render the Govornmo t 
8omesory.ee for lot what will be done now, I feel that within myself whchS 
oblige justice to come to me at lasf, for be assured tho Government here cannot bo 
directed by an enfeebled old igno.-ant Methodist Preacher long, I lament vo, are not 
...formed about the present temper and p.ccarious situation of this Province 

I hoar my friend Sir G. Sheo is under Sec.etary to Mr. Windham, he k.iows 
how active and willing I am to servo the Government, ho will soon know mo.o fS 
n.y enom.es ^for such I have because 1 set my face against opp.-ession) how 
adequate I am to my situation the Secrota.y could give, and that I hLo tho voiceTf 
he people from one end to the other of tho Province-Sir Geo.-ge Shoe knows ho v 
the Judges reco.ntntmdod mo before and on my opposition for tlio Chance, -y Court 
the Chancellor an.lCh. of Baron of Ireland would answer for my being qualified ' 
I cortiunly feel hurt at this contemptible creatu.o being pift over my head and 
only hope for .edross I shall not be obliged to goto London from my holple s tamilv 
to represent ii laiiiv-. - '^ * < my 



I am Dr. Sir with great regard 



Your most obliged 



r 



la— 4 



ROBT. THORPE 







Itif 



1® 



■ 



'•^ CANADIAN ARCHIVES. 

No. 18.-JUJ)GE THOEPE TO SIR GEORGE SHEE. 

(Canadian Archives, Series Q., Vol. 305, p. 173.) 

Niagara Ui^per Canada 

Oct. 22nd 1806. 
De.ah Sir George -When our friend who is now a Saint in Heaven fif 
humamty is ever I'aised to such celestial eminence) first introduced me to vour 
attention, vou caused me to bn yentto America, and your hint directions were that 
1 should bo assiduous in i^aining and sending intbrmation to the Scci'etarv • I 
laboured incessantly and 1 believe discharged my duty to the Colony and with the 
approbation of the Secretary. When Icame to this country I found that Gen 
Hunter had ruled like a military despot, not like a Governor appointed to .^overn a 
Province with a British Constitution, the House of Assembly began to bo roused 
and the ferment of tiie people became more violent; I felt for the situation of the 
new Governor and supp.>sing I would be appointed Chief Justice, & be obliged to 
assist his Administration, I cultivated the members of the Assembly and soothed the 
mind ot the people ; but a being has been put over my head, & made Chief Justice 
who lias neither talent, learning, nerve, nor manner, and also from being despicable 
in the mind of the people, can have no weight with Juries and consequentiv will 
reduce the Bench to insignificance ; a Court of Chancery is very much wanted & 
was to be opened ; it is reported the Chief Justiceis to preside, the consequence Will 
be, that the public mmd will be again agitated and the House of Assembly will 
violently petition against it, the measures of Government will be treated as last 
year, wh<>n even the bills from the Secretary's office wore not supposed to be ro-id 
in the House ot Assembly, and this luxuriant Province (which might be one of the 
most valuable ramifications of the Empire) will continue convulsed within itself and 
a useless expence to Gt. Britain ; no one can be more miserably situated I am onlv 
returning from circuit, a vacancy has taken place in the Assembly and the peonle 
are determined to bring me into the House, I have not seen the Governor vet but 
have written to inform him that I will notaccept of any situation unless I can render 
him some service in administering his Government, yet how will that be possible 
lor 1 could not coincide with men whose measures have always been arbitrary and 
oppressive, nor would I be guilty of any <iercliction of principle for all that could be 
bestowea, therefore the only mode I see. for escaping this dilemma is from your 
goodness, by getting me removed, my salary here after deduction is only seven 
hundred and titty, of that is expended on Circuit (the allowiince not being adequate) 
even out of this pittance I have been obliged to pay one hundred a year for a house 
1 have not one acre of Land ^ within fifteen in family however I get on as resnect- 
ablyaa T ought, when a Barrister will make fifteen hundred a year- nerhans -i 
court may be established at the Cape of Good Hope, and you would send me there 
but 1 would leave this delightful climate & magnificently beautiful & fertile country 
tor any spot to find repose in, provided it was not such a climate as would quickly 
endanger my loss to my poor children. I can with truth say I have not di4raced 
your patronage, nor the memory of those great men who voluntarily became respon- 
sible for my talents and legal acquirements, and could you see the testimonies of 
approbation that have issued from all ranks wherever I went you would be satisfied 
and acknowledge I have not deserved the neglect 1 have experienced, but I have 
been stung to the heart by those in office, from whom I had the strongest profes- 
sions ot regard. ^ ' 

I liave the honour to be most truly 

Your grateful & highly obliged humble serv. 

HOBT. THUKPE. 



NOTE n.— POLITICAL STATE OP UPPER CANADA IN 180G. 61 

No. 19.— LIEUT. GOVEENOR GOEE TO MR. WINDHAM. 

{Canadian Archives, Series Q., Vol. 305, p. b'l.) 

(^^- ^•) ■ York. Upper Canada 

29ih October, 1806. 

Sir,— In my disi)atcli of the first of October (No. 6) I endeavoured to give you 
some idea of the situation in which I found this Province; I therein signified that 
.Norne discontents did prevail, and that I was apprehensive they were fomented by 
persons am(;ng8t u.s, who Avish'd to perplex His Majesty's Government. I then being 
ahnost an entire stranger, did not venture to say more, well aware of the danger of 
being misled by partial representations. 

It becomes us now not to be silent. The addresses and answers that have been 
circulated in this Province by means of the public nawspapers (which I hercv/ith 
transmit) speak for themselves and shew what opinions are encouraged and sup- 
ported by, I am soi-ry to say, a Judge of this Province, and at a time when his 
influence must bo the greatest on the public mind. He has not been in this Colony 
much more than Twelve months, he only saw Lt. Governor Hunter at Quebec a 
sh(>rt time before his death, whose character and memory he has endeavoured, both 
in Public and in private, to degrade, and can only know by report many of the 
circumstances he thinks proper to allude to, respecting the Government of this 
Province. 

It is on his first Circuit that he thus addresses the Public. 

There is reason to believe he will be elected a member of the House of 
Assembly; and next j^ear his circuit as Judge will comprehend the remaining nart 
of the Colony. " ^ 

What grievances he alludes to, I do not know, the most respectable persons 
with whom I have conversed, do not complain of any. ' 

It is but justice to General Hunter's character, whom I had not the honour of 
knowing, to say, that so far as I am able to judge, his conduct was firm and decided 
and appears to have been directed to (he promoting of the good of this country. ' 

It is with the utmost reluctance that I trouble you with this unpleasant subject, 
my duty calls on me to be watchful, my wish is to redress grievunces, if any should 
exist; and to act with firmness, yet with moderation, whatever may occur. Lest, 
however, this Gentleman should continue to follow that lino of conduct he has 
hitherto pursued, I should esteem it a favour, to be honoured at an early period 
with your sentiments and Instructions, r-especting such measures as may bo deemed 
most prudent for me in such cases to fol.ow. 

The most respectable People in this Province are looking up to me for 
protection, and indeed have called upon me for the sake of pubfic tranquillity to 
oppose and discountenance those pi'inciples and their supporters, which at this 
moment agitate the lower classes of the community; I confess I am anxious on the 
present occasion, but I trust you will do me the justice to believe, that it is an 
anxiety to do my duty and to support His Majesty's Interest in this Colony. 

Permit me to add, that Mr. Thorpe has signified to me, that he has communi- 
cated to Mr. Cooke every circumstance relative to the Government of this Province; 
for my own part, I have nothing to conceal, but at the same time prudence and a 
regard to mj; honour, requires me to wish that His Majesty's Ministers may receive 
full information, and not be guided by a partial representation. 
I have the honour to bo, with great respect. 

Your most obedient servant, 

FRANCIS GORE, 

Jjt. Governor, 



la—ih 



52 



CANADIAN AUCHIVES. 



Wl 










1 ^Ml 



No. 20.-ADDBBSS TO LIEUT. GOVERNOR OORB. 
(Canadian Archives, Series Q., Vol. ;i05, p. 197.) 

York, 30th August 1806. 

F«n.S". ^"^'"■;'''^ ^'^^ 23rd inHtant arrived hero His Excellonoy Francis Gore 
Esqu ro, Lieutenant Govornoi- of His Majesty's Province of Upper Oanada H.s' 
Excellency landed at twelve o'clock, with (he lu.nours <lue to ffn ru d and was 
sworn into office at the Government buildingn on Monday last. ' 

the (?u„7v o? YoK n!n..^^'^ '"f«"'' ^•"- "^r^"' ^^'"i- *^«"^'*«'- ^>f P«i-liament, for 

"^^ ''u;pc:;"ard^ £.t ^^.'^'^ ^^'^"''"' ^-^"^^^'^"^ ^^^^'«"^«^- ^^ ^'- 1'---- ^f 

May it please Your Excellency,— 

Wo, His Majesty's most dutiful and loyal subjects, Iho Inhabilants of the Home 
District, be^r leave to congratulate your Excellency on yuur safe arrival n his Po 

rSm'eiUI^^H^r '': ^"^ '''' "■''?'^""'^ n..nL Jof our unshaken by, It; and 
attachment to His Majesty's person and Government. We also beg leave to add th vt 
we feel the most hvely grat.tication in observing in your Excellency's anpd ?me. t 
he high prerogative of Regal authorily unconnected wi(h a Military osU bS 3-' 
and we indulge ourselves in the hope of experiencin,^ in your Adminis rS. of 
this Government,_ the paternal solicitude of a Gracious S;ve?cign foM^i pro o V 
ot the Province, in unison with the affection of a grateful ,,copk> I'lo^pei ity 

r^hinh "I'.J;^""^'!'"^' >'«!"• ^'xcellency with a zealous attachment to a constitution 
which neither innovation can impair, nor anarchy deform, wo lament o , be n 

Countrt d^'rrn^"' T''^ '^' r'' ''"' «^"^« ^''^' ostablishmrtof in th! 
Country Its system has been mistaken and its energy misused. In situations in 

pnvate interest only has been regarded; and prorogalivo and privilege ha -e been 
indiscriminately sacrificed at the shrine of arb'liarv imposition ^ 

We would willingly remove from our memory every impression of former 
occurrences, :f ,t were as easy to forget our sufferings as to submi to t em in s len'e 
but wo forbear at this period to solicit your Excellency's attention to thc"i detad' 
pleased as we are in the expectation th.t a remembrance of the past wil st nd on v 
as a contras to thefelic.ty of future times; and that under your Ix-cellency' | „^. 

S^tt clnlmd rofT'p"''"'''"' "'" ^'■^■^"^ minds will gaili influence ora^eiX c^ 
in iiio i^ouncils of the Province. •' 

•n.f.^\-" """'-;''^^f,«^T ^^^ u« *» state, nor is your Excellency now to learn that the 
.nstitnt.on of t^he Government, from which wo receive our hoVedit.ry protect 1 as 
ant quity tor its origin and the wisdom of ages for its support-Th.t it has gained 
celebrity with time and per ect.on with experience, and Ihat any deviation litm its 
principles must bo an abandonment to our ruin; but we trust it may no be deemed 
irrelevaii to suggest, that many among us have supported it at tl f hazani of thdr 
nvos, and at tho expense of their property-that others have resorted to i fVom 
cno.ce and have aflorded to its establishment the labour of their years an.l theSeanin.?^ 
of tlieir industry, and that it is the common concern of all to transmit it uSp"m 
fiom age to age, until, in the computation of its enjoyment, perpetuity and age be 
come svnominous to our n(mt....itTT • '' ' * ' ^ """ ''s" "^ 



syi 



rity. 
(Signed by 301 inhabitants of the Home District.) 



To which His Excellency was pleased to return the following answer: 
Gentlemen,— I thank you for your congratulations on my safe arrival in thi« 



NOTE 1).— POLITICAL STATE OK UPPER CANADA IN 1806. fiS 

ntmoi^Sil "PP'■°^^*^^ sentiments you profess of the British Constitution. My 

rTso vo U ?.on a'. 1'7''°'^ *'• «''"^'"'"«t«»- it here with Impartiality, and tl 

presoivo It Irom Aniirchy and Innovation. 

Government House ^^^^^^« «^«^« 

York 27(h August 1806. ^*'"^- ^''''• 



No. 21. 



-GRAND JURY, LONDON DISTRICT TO JUDGK THORPE. 
(Canadian Archives, Series Q., Vol. 305, p. 201.) 



«ontfd lV?i« mI"" "'''i7««/'-'V" t!>° ^i'r'^ J»ry of the District of London was pre- 
fconted to the Honourable Mr. Justice Thorpe at the hito Assizes. ^ 

To the Honourable Mr. Justice Thorpe. 

^., ^": *f " ^"■'\'."' •^'"'^ "^" *h® District of London request your acceptance of our 
warmest thanks for your excellent charge to us at this Assizes. We JeS it im- 

S tcl^oVJsVur'lh :''■ '''''T"^' '" "•"•^^"^•^^ ""^ «^^«"««* *« '^^ l>»blic, and we 
thisds. P( HI. '" "^']";"'^' to its import, party animosity will, throughout 
Iffnr T '■ ^f /' ^'''"^'"' '':''"■" "^ ^"<"''^' '"■•^'"' «"•* Public ti^anquillity. It has 

attorded us infinite p easure to ol.serve, in the exorcise of your high an.i important 

inno;/'.. u^^ "' '^' :".'^^'^' "'♦^■"••'^ '"^ abasement fPom an amc^ni.y of 

manne.s, and that the soothing monition of the Court produces a more sudden effect 

!wT';.nH ■'' "T .'^;".""^^""«': V^'' community, than'a rigorous application of the 
w H. m, ' !•"• ''' ''''^^f «:• ««r''' *'' ""■•^'"' '^" exemplary punishment. We learn 
Tn or to tlfir 1 r' •'"' '''"';""■ ^r"'''^'' ^'-''' '•°^'" pleased to appoint a Civil Gov- 
€11101 to ths Province, and we hope, under his administration, such chun-e of 

ciodin::"' 7 1-" ^''''''.;" '";'r^'"'^ ^" ^'"'•^' *" «l'"^-'""' ^''« remembrance "f-pro. 
mfr^ v^' l^'T*" '."•« ^«"^t'f'n'."i by authority, and yet no less derogatory ,o <he pre- 
vS o 1.. 1 1 n *'",'.' '"''"'•^■". ^^' ''^" P'-ivileges of the subject. \ve entJeat 
^h1 J- I ■'' '"' f^^^'^^'l'^''^'^ ^^^^' of those acts as haveeomo within your knowl- 

Tuff iVr w'ilt '"■ T'T-, «-^.P^<^t'»^"^"^ that on his Kxcellency's consicieratiJn of rhem, 
AI .i wfv' '•'"'' '''. '"«"«';,^? P"™ ""'i ""'"iN-i even to this remote part of his 
Majesty s dominion, an.l that all.lescriptions c' his People will impartially eniov the 
rigour an.l j.erfection of a happy Constitution. We be^ you wiii dso acc^^pt ofour 
warmest wishes for your health and safe return to your familv. ^ 

We have the honour to bo, 
lour Honour's most obedient and very humble servants 
In behalf of the Grand Jurj', 

JONATHAN WILLIAMS 

r IT r^ ,.. . Foreman. 

(■.rand .Jury Room, Hth September 180tJ. 

To which His Honour was pleased to return the following answer : 
To the Grand Jury of the London District. 

to vo^ifnl'^t?'^ ~^'' '''' ^''*' ^r^'' i»«trumcnt of restoring harmony and happiness 
10 jour Uisinct, IS an excess of ^riatificatioii. i f ° 

Theactofgoverningisadiflicult science, knowledge is not intuitive and the 
da>s of inspiration have passed away; therefore, when there was neither talent 

™ted ami ."'.T'^""' "" T" rT',''' '^'^ administration, little couTd be 
expected and nothing was produced ; but there is an ultimate point of depression a« 

fore m-ooo\t'io!v.'! IT' ""'"T"" "" •'"'"''" """''■'^ naturally advance or recede, there": 

wiinK ».!^^ In {""■•''f^'r'-""' ''' "^"^' ^'^P*^^^ >'"^"' P'-^g'-'^^^^ i" prosperity 
will advance with accelerated velocity. i f j 

^ shall lay before the Governor every thing you desire, and I have not the 

sl.ghtest doubt but that I shall find in him suth power of' mind, such ixditical 



M 



9hR 



64 



CANADIAN ARCHIVES. 



■ ''( 



Snw'pf'' -"'^ ''^'''^^ ^•''^'*"' ""*^ '"^'^ ^'««^* dispositions a« are fitted to make 
an infant Province a pre-eminent state, wealthy and noweiful -ilmiinrli ,., Z vj! ? 
ings to its inhabitants, and valuable to' that gfeat L?p ^ fronfwMchfve receive" 
reTuJ;.; '"^ "'^™'''" ""' '' "^^^'^ ""^ are^.nxiou.s'^to make thonLt grateful 
I am, Gentlemen, very truly, your obliged, obedient and very humble servant 

ROBEitT TEIORPE. 

No. 22.-GRAND JURY, WESTERN DISTRICT TO JUDGE THORPE. 
(Canadian Archives, Series Q., Vol. 305, p. 204.) 

Sandwich, 4th September, 1806. 
Sir,— We, the Grand Jury of the Western District, being deeply impie'^sed with 
a high sense of your solicitude for the welfare and pro perit| of ffin Dh^tHct have 
to return you our grateful thanks for your polite address from the Eench and fo? 
the very handsome manner in which you have pointed out the means of increasing 
our wealth and accelerating our futui4 happiness : and we feel highly sensib o tTif 

We have the honour to be, Sir, with high respect and esteem, 
lour most obedient servants 

(Signed by the Foreman and 19 others.) 
To the Grand .Jury of the Western District. 

Sandwich, September 4th 1806. 
^ Gentlemen,— I., truth I am solicit us for your prosperity .ind had T wmf^rl 

m\'r Smtr^Tfhe m^rr' ^^^^^^^^^4^^ thrm:Erp^v:;^i tile p i"^: 

men, themselves the most pra.sewoithy, is the highest encouragement 
n.in« t. ' be indefatigable in Agricultural ]M.rsuits, your^w" to industry is a 
Ztv J,«,."«"-^''^«''t'*'" I ^»«te ; we shall soon attain abundance for hon "and supor^ 
mav^om r'. ' ' f'^'p '^ '^'""''^^^ >'^*"^- «*^«''*« ^^"''l. I tru.t, be miickl opened 
Ke exh.em™'" " ^ ™"^^""'-'*" »>«"t «"d animate the Pi-ovincelrom 'thcTentre 

ROBERT THORPE. 



No. 23.- 



-PETIT JUUY, WESTERN Dl STRICT, TO JUDGE THORPE. 
{Canadian Archives, Series Q., Vol. 305, p. 206.) 
To the Honhle. Mr. Justice Thorpe. 



NOTE D. — POLITICAL STATE OF UPPER CANADA IN 1806 



55 



discharge the function of Jurors, received from you such explanation of our duty 
as enabled us to discriminate between controversy and claim, between accusation 
and offence; beg leave to return you our sincere thanks, and to assure you of our 
veneration for these Laws which you have so ably expounded, and which we have 
laboured to carry into effect. 

\Ve assure you that the lessons of morality, and the principles of social onier 
which you were pleased to convey to us shall be not only remembered by ourselves' 
but also diffused among our relations and friends, ami that it shall be our constant 
endeavour to circulate through every part of the community, senlimcnts so incentive 
to our present happiness, and so conducive to our prosperity. 

(Signed by the Foreman and 25 others.) 
To the Petit Jury of the Western District 

Gentlemen,— Every sentiment in j'our kind address is gratifying to me 
honourable to yoa, and valuable to the community. " ' 

You respect and uphold the Law, you love and dilVuse morality, you set the 
best example for social order, and reward the exertion of others by the warmest 
panegyric. 

Public purity, private virtue, and active industry, lead to greatncs>, happiness 
and riches, that you may long enjoy the blessings you so truly deserve is the 
fervent desire of your obliged, obedient and very humble servant 

EOBEET THOEPE. 
September 6th, 1806. 



No. 24.— PETIT JUEY OF NIAGAEA TO niTflWi THOEPE. 

(Canadian Archives, Series Q., Vol. '.iOo, p. 208.) 
To the Honhle. Justice Thorpe. 

We the Petit Jury of the District of Niagara, beg leave to make to vou at the 
close of the Assizes, our warmest acknowledgments for your explanation to us of 
the important matter of our duty, and also to assure you, that instruction conveyed 
with such perspicuity and delivered with such urbanity, shall always be held by us 
m grateful remembrance. "^ 

We admire the constitution, on which you have so happily descanted in pro- 
portion as we contemplate its system and its tendency to secure to us the enjoyment 
of the most valuable rights and the exercise of the most distinguished privileges. 

Jt IS to us no small consolation, in reluining to our doinesUc concerns that the 
execution of these laws, which we from duty as well as choice are solicitous to 
maintain, are entrusted to one so capable of deliberating on their import and so 
tenacious of preserving them inviolable; and we hope that neither the efforts of the 
misguided, nor the representations of the ignorant, will ever shake those rules of 
evidence, which give to the trijd by Jury a certainty of decision and a standard of 
Justice. 

(Signed by the Foreman and 33 others.) 

To the Petit Jury of the Niagara District. 

Gentlemen,- I was anxious to assist you in the faithful discharge of your 
iiiiportant duty, and your approbation of my exertion is more than reward. 

Your admiration of the constitution, of which you are so valuable a branch, 
and your veneration of these Laws, which yon so strictly uphold, is wisdom and 
security. 

While we commiserate the misery of the Eastern iV: contemplate the happiness 
of the Western Hemisphere, let us be grateful to the Almighty for our accumulated 
blessings, ana fervently pray that England may be an example, and France a 
warning to our latest posterity. 



mm 



r 



fr^sailiifiii 



56 



CANADIAN ARCHIVES, 



Bo assured, Oeiitleinon, I shall porsovere in that line of conduct whifl. h^« 
concihatod your regard, and advanced mo in your esteem. '^on'^uct- which has 

T am your obliged obedient huniMe servant 
October Cth 1806. ROBEET THOEPE. 



No. 25.— REQUISITION TO JUDGE THORPE. 

(Canadian Archives, Series Q., Vol. 305, p. 210.) 

At a meeting ofPreeholders held at Moore's Hotel on the 20th October 180fi 
W I h'nfwfl'r "* ««"^'d«-%'.«f - proper person to represent the.^Smonf' 
tI n tJT' ^^^1""-e, in the Chair, it was resoWed unanimously "hat Mr 
q n n! ^'^«;•P^^^« requested to represent the Counties of YorrSrham md 
bimcoe, in the place of our late lamente.l William Weekos Esquire do'ce'sedwh'o^ 

WILLIAM WILLCOCKS 

Chairman. 

To the lion. Mr. Justice Thorpe 

h^lnvlTi"-* '"' ^'""■^"'■^''■' '.-' i'npi'ess upon yon. that ns suhjoct. of a -rracious and 
oelovec Jvinir; as a nart of t i>if (^roMf u..;f . i- • i ,■ • ^iiuiouh ana 

„nt uiuK n ,,s been the bod% of your decisions, may it be the spirit of your counsels, 
(.biguod l.y forty-two persons residing in the Town and Town.nhip of York.) 

-. tlrinnstr,?."l '?,l' •''"•.^'■^- '^;:^fl"i'-«. was requested to wait on Mr. .Justice Thorpe fwho 

tiotTIn'.:, •' 'larvis returned with a favourable answer, which Mr Jus 

tice Iho/pc has since communicated in the following terms — 



ill 



NOIE II.— POUTIOAI. STATE 01- UPPEIl CAMDA IN 1806. 57 

glory is to leign ti-iumphantly enthroned on tlio henrl of „ froe ooonio) will bo f»l 

sysisix:,:'" «'™' °"" '"»"»"'"' '•"'™' °"- « 'i.'' p.ovio - 

Your obliged and obedient humble servant 

ROBERT THORPE. 

YoaK iSov. 7. 

^... ^'^"i ^^ '"fl'i^^l'co, throat, cooroion or oppression should bo attomoted to hn 

fzrrse iSs.""""'"""' •°" '"« i-.-.'„''rco„.,.„iii„g the frer„Ta.c;'io''„: 

li. T. 



No. 2G.-JU_DGE THORPE TO SIR GEORGE SHEJv . 

(Canadian Archives, Series Q., Vol. 305,;;. 18!).) 

Y'oRiv, Ui'i'EU Canau.\ 

J)ecember 1, 1806. 

tlu. /-If 1^ ''^"^ (rKORoK,— I feel at this moment more true comfort in having followed 
the kind adv.co you gave mo when T was first coming to America than h, a iivo 
ever have or can do for me, Ibr in the turmoil and tmublo witW hS I • mnv 

M-.h done ly the Government in the Colony where I was or whatever 1 thomX 

o;;S ^,^S?r'-";i"^^'1l'"' '--«-hU l-e taithtuHy'tra'mlSdto K. 

, T A .; ">/ '^*"" i>"og.'ity of my heart. Afte • the proro<^ation of the 

Ilm.se ot Assemb y 1 informed Mr. Cooke of the temper of the House m of ha 

1 r ill. ik'n vo'f'V '""'""r' *? -"-"^'^<'^"" -0 and ha^monire Se 
nart \'\v 1 r^ l^;']>t n>y word with him, the enclosed addresses will prove 

&, h 1 "^^ l>ad taken pains to prepare the people wherever I went to be 

ta^ou ably inclined to tho new Lt. Governoi- hut untbrt inately I did not a rive 

inm impc.iou.s, self sull cient \- ignorant, impressed with a high notion of the old 
system, surrounded with (he same scotch Pedlars, that had imsinuS Uu., fsel es 
."to avour with General Hunter. & that have so' long irritate "^o ores ed he 
people; there ,s a chain of them linked from Halifax to Quebec Montr'T Khil^^^^^^ 
lork, Niagara .^ so An to Detroit-this Shopkeeper Aristocrac^^ ,: ^tuntf^^ 
pro.sperityof the Province & goaded the people ^uUiftherimv^ tirLd^C^^ 
g .■atest loyalty to the utmost disatfection.' 'Ihe system jfursued s sim ly tht 
got as many dollars as you can for the Governor by land &c &c " therefore the 

^t^\;^;S7 v""""'^ "^'^ "v^ i^^'^ "" ^-' are"r;ritend::;;:i:!^h^ 

■ami J If- 'T, ^^ ''-"'"''"^ liave been violated; next to theirselves, theii' 
lainiiies .V tnends, they give unbounded tracts of land in tlie fine-* situations ,t 
whatcn..r rate of fees they chuse, & then barter this land to cnu giV J s' enemies 
in the S ates; next, they keep from the House of Assembly all accountof the o'rj tist 

.art ol.he pubhe money, thus denying thent the first privil..ge ^V" bv he^Br tish 
act of Par lament, which established their Constitution; next the Officers of Gov 
onment they oppress, .V by their coercion of the people I think mv duty openlV 
t o leclaro to the Secretary of .State that this Pro'inee has not only been reXred 
^ekss but made burdensome to Gt. Britain, & is now driven to the vei''e of be n^ 

En 'lull"'" ''' '• '"''T'. ^"'' ^*" '!"''' '"■^'' " convulsion in the states, or ; w r wi"f 
JJiUgland I am convinced the nooi.le here wnnl,l inin v^.., *! „....'.. f " rV ^'^° 

irsue th( 



tl 



put 



mo plan, iV: the only thing wanted he has added bv d 



10 ])nnter not to publish anything withou't his Secret 



esirini 



ry's approbation, & the coti- 



sequence is^anotlal^r press has be^n sent fbr bf ih^p^pS w ! '3 oX b 
vehicle for disseminating discontent; in the inf/nt state ol' this ColoB;wh^^^^^ 






ii'iiil 



58 



CANADIAN ABCHIVE8. 



\.i 



I < 



i .1 






indigont Military nion woio tho inimbitants, all tlii^ was easily submitted to, but bo 
assured when a labouring man has land in six years he is independent, & in ten 
he lias every comt'oit. 

My syttfrn is this, — lot the Governor &, Executive Council (lor there the chief 
mischief has been done) conciliate k accommodate tho people, and fulfil the inten- 
tions of the Government of England to the IJoyalisls & Mditary Claimants — let the 
fees be regulated under Mr. Wintham's direction b}' an Act of the Province, let tho 
British Constitution, as intended, be amply dispensed to the people, lot the public 
money bo accounted for, and an exertion made to keep the appropriation of the 
greatest part with the Governor, this will fi'ce him from the perpetual imputation of 
embez/ilemont & allay ferment, — let the Indian «fc Marino Department be struck 
oft', & some useless places which have boon arrogantly established, & twenty 
thousand a year may be saved to (it. Britain, & more satisfaction will be given to 
tho Indians, & prosperity to tho Province, because roads will be opened ; let fifty 
thousand poor siitt'erors in Germany bo sent there, i\: the cultivation of hemp en- 
couraged sulticiently, & in less than ten years you will have more hemp than Eng- 
land can .\tant, & better than Russia over produced. I do solemnly declare from full 
investigation, that it is one of the finest & most extensive PnH'inces in the world, 
80 intersected with water, that it is easy to have communication lor thousands of 
milep, so capable of improvement, that in five years, we could t'vee England from 
every expence, would take largely of her manufactures, & send her fur, lumber, flour 
and hemp in abundance — the people who are most loyally inclined (though it has 
boon nearly squeezed out of them) will be most tractable, if you only load them 
(they will no longer be driven) the Province under a sensible Governor (not an 
empty aid-de-camp) with English Constitution & Law will be wealthy & happy, tho 
envy of America, the asylum to which in the first tumult thousand? will fl}"- with 
their property & in tho first convulsion between the Northern & Southern States, it 
will bo tho post to rally round the Royal Standard, i*t bo the means of reuniting a 
great portion of America again to Gt. Britain. 

From this letter & the enclosures you will have my mind fully, you will have 
a true state of the Province, Government & People — 30U will perceive how I am 
received & considered as a Judge & a private Gentleman, the people will force mo 
'into the House of Assembly, tliis popularity is oppressive, when lean render no 
service to England by it, I have no object there, then for God's sake take me away, 
I beg it, from a remembi'anco of our iriond who is in Heaven, for the happiness of 
my wife, sister, and seven children who ara wasting their youth in a wilderness, & 
for the sake of my own tranciuillily & peace of mind if my exertions deserve reward — 
pardon me for trespassing this long on your time, but as you have anxious wishes 
tor the happiness ami tranquillity of the Province, for praventing the waste of 
British revenue, tt injustice to myself, 1 am sure you will let Mr. Windham (who 
has a mind fitted for political grcatnes-i) know tho contents & from tho constant 
communication I have made to the Colonial Department since 1802, he must bo 
satisfied with my good intentions, & acknowledge my indefatigable exertions, though 
he may not approve of my plans or sanction my system. 

I lament that poor Mr. Stanley is coming out as Attorney General, it is beneath 
him. & inadequate to his support, besides highly improper to go from tho Bar to tho 
Bench here (for there he oughttobo) as tho Council is always Attorney also, not as 
in England or Ireland, therefore you send a man to judge of persons & property M'here 
he has been for or against, as the Acting Attorney. Mr. Justice Powell is gone 
homo, it is saitl to apply for a pension, ho is not a good lawyer, & I have great reason 
to believe ho is not a good subject, lie has served long, & has a largo family, & I 
believe wishes to i-eside in tho States. I should hope he would be considered woi'thy 
of a pension & Mr. Stanley could come in his place. & woul . be of great value to 
Province, for we have not a lawyer here, the Solicitor (ieneral was not even a 
common attorney and knows nothing either text or margin, or if you remove me for 
Mr. Stanley, and send an active sensible (man) as Attorney General, it would greatly 
assist the Governor & for a few years the system might go on — but I fear J could do 
little with Mr, Gore, he appears weak, violent, prejudiced, entirely unaccustomed to 



NOTE I>. — POLITICAL STATE OP UPPER CANADA IN 180(5. 



fi» 



/jfovorning, oxcopt a Troop of Horue, & the people have now ao hung tljoniMolyes 
round mc, that 1 four I would bo in his way, yot any other man as (xovernor f could 
make happiest of the happy, & his iucotno much bott«r. If any person is to go to 
the Capo of (rood Hope or to Buonos Ayres, or any vacancy in a good climate, [ 
pray of you to think of mo, or if Mr. Windham would want me in any other situa- 
tion, ho may depend on my energy, my zeal, my attachment and principle. 

I have only now to say, tliat it you wish mo to act hero, you may depend on me 
for carrying any measure you may desire, because J know it will be bonoticial to the 
Empire, and to assure you, that although I am nt this moment most miserable, yet 
that I am most truly your grateful &, attached friend 

and obliged humble servant, 

SOBT. TlIOKl'E. 

P.S. If you would desire Mi'. Gordon to look over my letters to Mr. Cooke you will 
perceive my fears, & my motives for my exertions to attach the people to the Gov- 



ernment. 



If. T. 



No. 



(Extract.) 



-LIEUT. GOVERNOK GORE TO MR. WINDHAM. 
(Canadian Archives, Series Q., Vol. 30b', ;>. (>.) 



York 19th January, 



1807. 



* * * * * >is :K :K 

Permit me to observe, that the present situation of this Province requires a 
firm conduct in the person administering the Government, for I ought not to con- 
ceal, that lliore is a strong spirit of opposition existing, encouraged by persons from 
whom a different line of conduct might have been expected, and who since the 
death of General Hunter, by representations (which from the most positive proof, 
1 know to be groundless and false) agiiinst the character and conduct of those 
placed in authority here, have endeavoured to oppose, perplex, and defeat the 
measures of the Government; under such circumstances, a want of obedience in the 
officers of the Crown must produce effects, the most pernicious and destructive. 



No. 28.— LIEUT. GOVERNOR GGRK TO MR. WINDHAM. 
{Canadian Archives, Series Q., Vol. 306, p. 35.) 
(Extract.) 

York, Upper Canada 27th February, 1S07. 

* * * h: -f- * :f: :•< 

Very soon after my arrival in this Province, I received information of a party, 
of which Mr. Justice Thorpe, Mr. Wyatt, and a Mr. Willcocks, the Sheriff, were the 
leaders, that wore endeavouring by every means in their power, to perplex antl 
embarrass the King's Government in this Colony. 

TliQ invitations made by Mr. Justice Thoipe and Mr. Wyatt to join the party, 
will appear from the letters of the Solicitor General (B) and Mr. St. George (C). 

(B.) 

Solicitor General (D'Arcy Boulton) to Lieut. Governor Gore. 

(p. 41.) 

York 26lh December, 180G. 

Sir, — I received the honour of your Excellency's letter, alluding to the cir- 
cumstance of Mr. Justice Thorpe having solicited me to join a party in opposition 





60 



CANADIAN ARCHIVES. 



to the kingH Govermnont and by which letter you iiro plouHod to desire that I 
will spoc.fy m vn.t „g the inducement which Mr^Thorpo held out to me t bin 
Huch a party With promptitude I shall comply with your Kxcelloncv's dosiro Z 
g.v.ng a bnef statement of the circumstanceB/ during {he sitting ofJLprincifl 
Parliament last winter rather a formidable oppoHition was raised., the me™ 
of Government, previous to an expected Division in the House of Assenl iTro'' 
which I was a member) on a question somewhat important, Mr. Thorpe tool 
occasion in consequence of my defence of the Government on previous clavr to ask 
me what I could moan l.y attempting to defend the conduct of LvernmS ' I con 

,ir,bTr^.''"MV^''"'..''"' ?T *''« •'•«"'^>' "f f»'« «t«tion was induced ;> inform 
him hat r should have thought ho would have boon forwa- 1 in blaming mo if I had 

"t'ieTMrthatif 'ri''r'''"r.- ''' "''^"'"'' "'•*' -'"''• -^ "ofnvin from 

situatK.n as So icitor General "— 'tis difficult for me to say whether indi-nation- 
or surprise seized most on my feelings. [ remarked that if I was .lisml "od for 
adhering to the Government I was acting in concern with, it vvou Id be To vol case 
i treated the suggestion with contempt, neither could I del^ist from warm" at what 
T deemed an Insult. Ho continued his attack, addir.g the most indignant oflocHns 
not only on the existing Government, but on the if to Lioutonant^iovarnoi- ffis 
dly attendance at ho house coupled with the general tonour of his c. nd ict 
evinced a detormination on his part to aid in subverting the then Government 
and cast every obloquy on the previous one. TIio' his .genera cCh "t was 
marked with the mo.st determined disapprobation of every" act of (vernmrt 
yet_,t IS d.f!l<.u t to offer instances, as it Vas chiefly ma.io appa ent by ObZvatlo^ 

ZtT'''' M Y" ""' ^"'^■'^""' "" " Memorandum taken in' tho Ilousi of T sTrab^ 

from his mouth during our sitting. The Speaker politely offered him a seat whh n 

ho Bar (not being a Member). The house were en(]eaVouring to ge infor.m t on 

n To ll'f i""t P"^'"'^'" ?-^ '^\T''V'^ '''^' ^^■"^^"- ^J^'- Clerk of ti.e Co n 1 ^as 

1 ? ' u" ''°'"» 'I'l^'^tioned he refused replying, stating that his Oath of OfHce 

^ Drocluded his examination Mr. Thorpe, tho' not a Me7nber, observed hat the 

sSrr^ ''"','''• Inm to bo examine.1 notwithstanding^ his Oath, and cited Lo?d 
Stafford 8 case, where tho Privy Council were obliged to answer. 
I have the honour to be, Sir, 

Your most obedient humble servant 

D'AKCr BOULTON 

Sol. Gen. 
(C.) 
( 44 QuETTOx St. George to Lieut. Governor Gore. 

York 22nd December, 1806. 

tl,inl'^'m7ilf''hr \''f'\^'^ «« "^.«"y ^'"^^ours from the British Clovernment that I 
tl niv myself bound to it in g.^atitude, and as a loyal subject of the King my duty 

SfSdS^^S pE ^^ '""'^ ^^^ ^^^-^'"^-^ -*'^ -'-^ I '-- respe^iin j;2 

A few days since I was desired to call at Mr. Wyatt tho Surveyor General after 

my airival there Mr. Wyatt told me that I ought as a man of property i, the 

Opposition to the Govornrnent ; that the late Gov?ornor had acted imprope^rly that 

Maioritv onirtff' .r'r''^' ^""'^ of Assembly, they expected heSv(^ul/l av^ a 
Majority and then the Government would go to the Devil 

Mr. Thorpe has stated to me that he condemned tho conduct of the Secretary of 
the Province, in not prosecuting the Chief Justice. ^ecreiaiy oi 

lencv rorlMvdl!: ""iTu ^ ^T" '''"'' TJ\' 'S^'"«* ^^^ Government and your Kxcel- 
lency poi.onally. T will not repeat, as I felt ashamed of myself for having listened 

I am, with respect. Sir, 

Your most obedient servant 

(iUETTON ST. GfiOEGE. 



(Extract.) 



NOTK 1).— I'OhlTICAI- STATE OP UPPKR CANADA IN 1806. 

No. 29.— LIEUT. GOVEUNOK GORK TO MR. WINDHAM. 

(Canadian Archives, Series Q., Vol. 300', j). 48.) 

York, Upper Canai.a, 12th March 1807. 



61 



Aftor Uie vi.,U)nt and turbulent .'O .duct of the House ..f AsHomblv .lurin.' the 
Ad,nm>8trat.un of Mr. Pro«idont (ir,u,t, it airords ,ao tho hiwhoHt h^uuS "ion o 
.nform you, without any attempt of tho House of A.s«onU.iy, to interfere wi the 
moanures, or to ombarruHs the Kxecutivo Government. "uerieie wiui ine 

rxf^"n ''"•1"'^' 'VJ'' "'*.' •"""""'■ *" '''''^<''^« ""y ilirootionh from you. on the subieot 
of Mr PreH.dent (JranfH dinpateh No. 14, I .fireete.i the nun. of .six Inn.hij and 
seventeen Pounds thirteen HhiliingH ami .oven pence to be replace.1 in tl?e P .v nda 
v^'i'ri'7fr'"''' ^'"'' ''"'" "Pp"-'« to J'"''lic Pu'po^es by the' late General Huniir 
V thout the eoncur-^nee of the other HrancL-Hof tho Legislature. This me ure 
had tho do»we.i etleet, by removing every posHibio grou..! of comphiint an tho 

irhZn o^r;"'''^' ""'r"' ''r "-'^•'^'f t'«"' t- wlthdi^uving itH claiJn o tUuppro- 
pnat.on of that Bum A reHoiutmn of the Houho pasnod to that offoci, with only the 
1 Wntiont vo.eo of Mr. .Fustieo Thorpe, who ban uniformly oppo.se<l every moLure 
that could promote tho poaco, or .trengthon the handn of this (Government 

1 have every reason to believe, at the next sitting of the Legislature that a sum 
of money m proportion to tho limited resources of the a,l..ny,^ 11 rioted to h? 
.Majesty, tor the support of tho Civil Govornmont of this Proviiice 
I have tiio honour to be. Sir, with tho greatest rospoct, 

Your voiy obedient humble servant 

FRANCIS GORE 
• , Lt. Governor. 



No. 30.— LIEUT. GOVERNOR GORI^ TO MR. WINDHAM. 

(Canadian Archives, Series Q., Vol. 306, p. 59.) 

York, Upper Canada, 13th March, 1807. 

nn,l ^^'7^^ 'i :• '^"r*' ^!"'?'^' ^"*.^'' '" ^^° ^'"'"tion I have tho honour to bo placed 
and my regard for H.s Majesty's interest, and 1 will add, for ,he safety of this Pro 
v.nco, hat have inducod me to trouble you with a tedious narrative i-espoetin- tho 
character and conduct ot; Mr. .lustiee Thorpe, one of His Majustv'; .Tudgos of tho 
.« tot king's Uonch; the particulars I have recited are nunierous, „mt of hem 
at hrst view unimportant but taken together, disclose in the fullest manner circum- 
st,ince8 respecting that Gentleman, and this Province, which I conceive ^vo, Id be 
culpable in me to conceal, and I think it is highly nocessarv that you sh. d bo 
Zi^':^^^- '''''''"'' ''"' ^^'■"-•'^- «>iieitVour aLnt^Jlt'ti: 

attmyte7tr"n"!'-'''^'l" ">[''''"' ■f^^'"-^'''^'"'^'^'''*'''^ Province, his public conduct 
at racted the notice of a 1 consulerato men; the publication furpoiting to be an 

Addre.Hs from the GraiKlIury of the Home District (A) in IhoHr. t pubfio exercise 
1 tl ir'T' f "-'"'iKe, evince.! a strong disposition to make tho Courts of Jus- 
tice the hoatres for Political harangues, and a s.'ibsequent one from tho PeSty Ju y 
dSirlin r\\ ?'' ""''"^''" ... this country) afforded a sufficient proof of -i 
desire in the .Judge, tc, encourage stru-tures on the Government from every descrin 
rnl^^'T'.''''^!^"' ^"''"'."Petent they might be to form any coriict opinion 
upon the subject, or however foreign such a subject miirht be. from the oeca.ioi hi- 
which they were convened. ' '-«5ioi. .t.i 

As a proof that these were not the spontaneous effusions of the Bodies to whom 

t7. .T r"'^""^' '' 'f ""'"'"'""f i:''"' ^"^^ "^^'•<'««' as it was called, of the gS 
Jury was drawn up and presented, by six or seven at most of that Body, without 



iim 




f I 



CANADIAN ARCHIVEH. 



T' If 
k, if 



Mr. Weokos, notoriouM for IiIh rovolutionury prinoiploH, Hoon Iwcamo tlio moHt 
intimato and (ri)tiH<lontiaI frioiid of Mr. Thorpe, thiM I»oihi>ii who had hoon a Siiidoiit 
at Law, in Ireland, and aftorwardH iind(M' Iho famous Mr. Aaron Burr at Now York 
waw rather hantily and unadviHalily adniittod to the Har, in this I'rovinco. ' 

In the SoHMJon of iho Lo^'ihhitiiro, hold during' Iho adminiKi ration ot'Mr. I'resi- 



tlont (Miinl, tho Uom^' of AHHomblv was iirj^od hy Mr. VVeokos to the most extrava- 
gant piolontioiiH and tho moMt violent proceo(lin>,'H. It was propo.sod to doohire tho 
appointment of Inspector of Public Provincial Accounts illoKul, and to call tho 
Inspector before tho House, to answer for his conduct in the execution of his office; 
and Ihoy actually ])rocoe(ied to examino complaints preCorrod betore thotn by Mr' 
AVyatt, the Surveyor (leneial, and Mr. Jarvis, tho .Secretary ot (fovornment in tlio 
'm""w^''"^"'^ ""'' ^'"'"'"""^"^'* "* ''I't'''" olHces, and in the course of this invostiwition 
Mr. Wyaft carried his misconduct to sucdi unpardonablo extremity, as to produce his 
Commission and the Hooks of his office, without tho permission or knowleik'o of the 
President ; or even without tho pretext for requisition from the House of Assomblv 
(C). -^ 

It was generally believed, and it ajipears from his own declaration to tho Solici- 
tor (.eneral, and to the Chief Clerk in tho Surveyor (Jonoral's ofHce, that in this 
extriivaf^ant conduct Mr. Thoi])o was tho jirompter, who was constantly within the 
liar of tho House of Assembly (altho' not a inomber) and whonovor the Parlizansof 
such intemperato proceedings were at a loss, thoy wore accustomed to leave their 
seats, to consult with him, and in oiio instance, when Mr. Small, the Clerk of tho 
hxecutivo Council, very jiroporly refused, on account of his Oath ofOHice to answer 
HOWie qiiestions that wore put to him relative to tho transactions in the Council 
OfHce, Mr. Ihorpo, ^who was not then a inombor) rose unsolicited to declare to tho 
House, that Mr. Small could bo compelled to answer and ho had the otfrontcrv to 
cite as a precedent the case of Lord Statl'ord (D). 

Mr. Thorpe's intimacy with the Surveyor (ionoral, and ihe influence he had ovi- 
dontly over him, taught him tomistako the Functions and to overrate the Power of 
the lloUBo of Assembly, for, when 1 reprosentod to Mr. Wyatt that his conduct had 
been highly improper and oft'onsive to tho (ioveinment, he told mo "that the 
Honso of A.sseinbly was omnipotent, and that it was his duty to obey it." 

To act up in some measure to the high notions of authority they iiad imbibed 
from the Judge; tho House of Assembly, in imitation of tho Jkitish House of Cora- 
raons. on occasions when tho safety, or the liberties of tho nation, are supposed to 
bo 111 danger, resolved themselves into a Committee of tho Whole House on the State 
of the Province. Y'ot with all the clamour raised by Mr. Justice Thorpe, Mr. 
AVeekes and Mr. Wyatt, al)out grievances and opprcssitjn, words constantly in tho 
mouths of our Provincial Demagogues, tho result of this inquiry was to recommend 
some further indulgence as to time, to the Loyalists and Military Claimants for 
obtaining their Patents free of expense, and some greater facility to the sons of those 
i ersons who had adhered to tho Unity of the Empire, in their application for Land. 

On tho \V estern Circuit Mr. Thorpe's disposition and conduct were efficiently 
evinced by the address of the Grand .lury of tho District of London (K) which he 
has ostentatiously given to the Public. Tho general impression, with rospoct to 
tins address, more properly calculated for a Faction Political Committee, than a 
Court of Justice, is that tho address of the Jury was prepared by Mr. Week'es with 
the concurrence of tho Judge, of which Mr. Thorpe's answer, if there were no 'other 
proof, seems to furnish internal evidence, and that by tho solicitation of Mr 
Weekes, the persons who were plain, uneducated men, were induced to subscribe 
their names to it, without being fully aware of its dangerous tendency. 

On Mr. Thorpe's return to Niagara, the same indecent language against 
lersons, high in authority, and calumnies against the late (ieneral Hunter Mr 
President (frant. Chief Justice Allcock and Mv. Justice Powell, thoiorh wholly 
irrelevani to the cause belbre the Court, were again heard at the Bar and passed 
without reprehension from the Judge (F). 

The indecency of Party Spleen and private animosity being permitted to take 
place in a Court of Justice, was not allowed to pass without animadversion by one 



.N(»Tii: i,._i.,,MTrr!At, state nv itm.er panada in tfiOfi. 68 

of tho (lonnsol (rolain M in (h.. sumo nui.o will. Mv. Wookon). Thin t..,.k placo on 
aM..n.l.iy a,Klh,.Hl,u.tnroH at th. timo won- littlo .mtioo.l by Mr. WoeL who 
t .0 noxt day mad., an .xonrsion info Iho country, and alYor pas.inK tho ovoninLnind 
hoK>-o"or part of tho n.ghl of Tnosday at a 'IWrM with tho^ud.^o and ho o 
othor of hiH fnomls, ho. on tho Wodnos.lay. nont a .halioniro t., hin Urotl er 
Advocate, and >n fonso.,uonco foil, tho victin, of his o^rn ti.rl.ulonco, and as is 
Cn.'^' ' ' """^^•'•^'^'^ H„gj.osli.,ns „f tho Party who rnot at tho 

Tho opportuuity this -avo to Me. Thorpo of oponly Htandin^ fWrth as a Factious 
I oma,..K,u., wan not no«loctcd; ho wan pl„,,oHod' i.y tho I)on,ocrati,. Purt^ s a 
propor Porson to succood Mr. Wooi<os in tho llouso of Assombly ; and hy tho nos 

Kl.ction. Iho Bolomn mockory of his invokin- at tho oponinj^ of tho Poll the 
Hhado of h.H .lopartod tr.ond " as looking down from Ileavol, witlT ploasuro on hoir 
oxort.o.m in tho cause of liherty " ; Tho soditious omblom of his Party (a Harp 
wHhout ho Crown) ((J ) ; Tho.po ar.d tho (Jonstitulion insnihod on hadL, w c 
he diKtnbuted to h.s partisans, and his almost Treasonable allusion to tho Aniorican 

mT. w'.?M '^' ''""' '' 'v'r '^Jr'^;"" (")' "'•« '"'^«^"' ''">P'« proof, that he wa not 
an unworthy succoHHor to Ml'. WookoH 

for .1 'ioMt" i-r' P -^''i '^'"a"''" *I'r ""l"-o]>n<'ty of a Jud«o beco.ning a candidate 
loi a seat ,n a Popular Assembly, and if such a step was ever doubtful the 
c rc„m.stancoK attend.nK thin Election suffice to shew it, in tho strongest point of 

mvnlV-.i-T .'''■'''' r'.'-*''M'"'^'""''^"' frc.piontly enfra^^ed in altorcaUons with a 
Rival Can. iulato and his l^llectorH, and was occasionally asHailed with tho soverost 
and most hum.l.at.nK sarca.sms. on his private character, as well as his Pub°E 
c..n.luct; h(3 has lo.st forever that respect which his situation on tho Hench ou«ht 
and s calculat.Hi to inspire, and it is imp.)ssible to suppose, that in the exorcise of 
OS Ju.licalFunct.ons, ho .an be in.liffeiont between hii Friends an.l his opponents 

Iho other!" ■^'"' ^"'^ ^^' '""' '^'•"'' "^" '^"^ ""'-'' •"■ '^' f"^'""'- ""^' '"Pi""" «f 

Two mecfianicH of low ediioati.)n and worse character aro amoncHt Mr Thorno's 

jn .mate aHso<.iates one of thorn (Kliphatt ]L le) was presented by the G an.i . ry 

wiii'.' '""^' "' '■'" "" '"^'"''""' ""'"P'^ conviction only by the removal of a 

Asson!l';K^Vn''T'" '"'"'":■'• .''""'' ''° '"'" ''^'^^" ••'^'^tcd a Member of tho Houho of 
A«somhl\. las been most inHammatory; and however it is to be lamented that the 
^rovernment have not .greater intluonce in the House of Assembly, fbr .uiW ho 
Session which has just closed, he ha.l been unable to carry .•uw one point t.tom^ 
barrass the Government. He moved an address which ias most insidiou a.ul 
.nflammat.a;y on the subject of those Por.s..nH who had adhered to the Unity of The 
Kmp.ro, which was rejecte.l. In his proposal for vostim,' the Power of Appointing 
Trustees to the Public Schools in the'llolise of Assembly instead of the LiiZn nt 
Governor af.er a violent Declamation an.l abu.so of tho F:xec.ilive Government he 
assorto.1, that , wa.s the priviloKo of tho House of Assembly to nominate to oftt'ce 
n his attemp he was supp.,rted by two only; an.l on a cjuostion relalin^^ to^the 

.1 .'^a/of'To P •'' • '" I''' "*', '^'' ^V."^' (^'^'^•'^ ^^'- ^•^'^'^'■Po cntended wa^ at lie 

lis ( sal of the Provincial Legislature) he stoo.l alone! and I am happy to observe 

that in the instance of a Judge of the Court of King's Bench niakin- an attemi. to 

derogate from the authority of tho British Parliainent. bo woul' 1 n.^t ! '. a p., Iilh" 

ioTto-^Jhr'Rcvoh nf ,)'''^i' '"■■"'" n r'-' ^'''"' "'^twithstan.ling his Pathetic allu- 
siona to tlie Kevolt of the American Colonies. 

in ihPiT' ^^'^ 1?"^'"«^«;V' "'*" ®'''''"" '''"" "^''^'•'y co"«I"<led, an address was moved 
in the House of Assembly to relinquish their claim to about Six Hundred Pounds 
which had heen taken out of the Provincial Funds, and appropriated by the late 
othTr' BranXTo^^^^^ '''''^''''^ withoutS'he 'concurrence of the 

hL:L'il%Toi:L:\>uMv^E!reS.!'''^ ""'"" ^"-^ ^^^P^'^^'^ by M... Thorpe with 

int J.S*'T*i"''l''u'' *'"■ '^■''"'' '"fonnation, a statement of what passed, at the first 
interview I Imd, by appointment, with Mr. Justice Thorpe, soon after my arrival 



f : 



I tj^. 



i 



i. I. 



i'mt 




64 



CANADIAN AttCHIVES. 



n i 




in this Province, and ray remarks od what passed at that interview (No 1). How- 
ever absurd and malevolent some part of Mr. Thorpe's assertion., may be, and how- 
ever it may betray the Ignorance and indecent warmth of that Gentleman, these 
circumstances might be overlooked and forgiven, had his observations been reserved 
for my ear alone, but it is notorious that Mr. Thorpe, upon all occasions, is anxious 
to introduce and enforce those Topics, and that he has not only made them the 
constant subject of conversation in all Companies where ho is admitted, but the 
Theme of his Declamation in the House of Assembly, and the Eule of his' Political 
Conduct. 

Mr. Thorpe having accused the late Government of Peculation, T cali'd upon 
him to state to me in writing, the particular acts of Peculation that Government 
had been guilty of; I transmit Mr. Thorpe's answer and my observations on his 
letter (No 2). 

Such, Sir, is the career and such has hitherto been the conduct of a man, 
whoso peculiar duty it is to inculcate subordination, and to recommend and enforce 
respect and submission to the Government. So has the confidence and liberal iiy of 
the British Government been abused and perverted by some of its officers in this 
Colony, and the friends of good order have seen with regret and indignation. Persons 
sent into the Province with large salaries and in high official situations, industrious 
only in doing mischief ; spreading discontent amongst the Inhabitants; urging the 
Democi'atic Branch of the Constitution to the most extravagant assumptions of 
authority and endeavouring, by every means in their power, to embarrass and 
weaken that Government, which they were sent to aid and suppoi-t. Emissaries 
sent by an Enemy to seduce the affections of the people would be much less danger- 
ous, their suggestions would be received wiLli caution, and listened to with suspicion, 
but when the Common People hear a Judge declaiming openly against the King's 
Government, and see him opposing all its measures, they cannot fail to think that 
something must be wrong; little accustomed to that eccentricity of character, when 
honour, duty and even Interest lie prostrated at the feet of vanity; it is impossible 
for them not to suppose that this conduct must have some better foundation than 
the working of a perverse self importance, determined a all hazards to be distin- 
guished. 

The above narrative I am aware is long and unpleasant ; I have stated every 
circumstance from an anxiety that you may not be misguided by a partial represen- 
tation. The documents to which I refer speak for themselves, and authenticate my 
statement. 

The nextcircuitcommences early in August, when Mr. Thorpe will have another 
opportunity of disseminating his opinions, I therefore most earnestly request, that 
you will honour me with your Instructions relative to this Gentleman. ''^^ 

I have no hesitation in giving my opinion, that if His Majesty is pleased to pernidT 
Mr. Thorpe to retain his situation in this Province, that the most serious evils may 
he apprehended. And I might not conceal from you, that I have been urged by the 
Most respectable Gentlemen in this Colony, for the sake of Public tranquillity, to 
suspend Mr. Thorpe from his situation as Judge; this advice I have resisted, having 
time to receive your directions, before the comi\iencement of the Circuit; and con- 
fidently relying on your support to maintain order and authority in this Province, 

I liave the honour to be, Sir, 

Your most Obedient Humble Servant 

FEANCIS GOEE 

lit. Governor, . 

(A.) 
Address, Grand Jury of the Home District to Judge Thorpe. 

To the Honourable Justice Thorpe. 

We the Grand Jury of the Homo District beg leave to return you our sincere 
acknowledgments for the most excellent charge you were so good as to give us on 



NOTE D.— POLITICAL STATE OF UPPEB CANADA IN 1806. 



65 



thib our first appearance before you on the Bench ; a chai-ee delivered with such 
complacency and dignity, has excited in us the most lively sensations of satisfaction 
and pleasing prepossessions. 

The energy and clearness with which you laid open to us our duties, has created 
in us a fervent desire to fulfil them, and must forcibly impress the country at laree 
with that submission which they owe to those Laws which are their piotection and 
the aiding and assisting those to whom the .execution thereof is entrusted ' 

In a new country like this, rapidly progressing in population, in improvement 
and prosperity a Cc)untry where all Ranks of Society should harmoniously unite 
tor general and mdiviuual comfort and security, it has been afflicting to us to be 
under the imperious necessity of presenting to you at our first meeting, an indict- 
ment for not and an assault on the legal Constituted Civil authority ; but we fer- 
yently hope, the clear explication of the law, and the tender caution which vou so 
impressively addressed to the Country, will prevent any, through the plea of i.rnor- 
ance or bad advice, from committing future outrage. And fi'ora the firmness we 
have witnessed m you, we rejoice in the anticipation of tranquillity from the effects 
thereof; confident that the Sword of the Law, while it protects the peaceful subject 
will execute its just vengeance upon the Disturbers of the Public Eepose. ' 

WM. JARViS 

for himself and fellows. 



York, 30th October, 1805. 



Answer. 



GENTLEMEN,--In the discharge of my duty, to receive this kind and truly 
flattering work of your approbation, is highly grateful. "^ 

A young country particularly calls for care and attention ; the bad habits of 
infancy are the miseries of age ; but nurtured by your oneigy and zeal we will 
advance to maturity, laden with the blessings of Constitution and Commerce- the 
best testimony of your services, the rich reward of your exertion-* ' 

As we love liberty, we must uphold the law, for liberty con^sts in freedom from 
restraint, except such as established law imposes for the good of the Community 
therefore when the restraints of the law are overthrown, anarchy reigns until the 
people in this lassitude of contention, succumb to tyranny, feeling the worst of 
Governments better than none. ^ ^ > & ■ "^ 

Be assured wo will convince the public we labour only for their happiness; 
disorder sha I blushingly retreat lo the barbarism from whence it sprung, ieavin<^ 
the ow)rd of Justice to rust in the scabbard, while the polish ot tranquil civilif.ation 
will illumine the Province. j 

We must toil together in the vineyard, we must train, we must prune the 
People will gather the fruit. i > "" 

I have the honour to be, Gentlemen, 

Your obliged and very humble servant 

EGBERT THORPE. 

(B.) 
Address of the Petty Jury to Judge Thorpe. 
(p. 75.) 

To the Honourable Mr. Justice Thorpe. 

T'oNouRED Srii,— Deoi)ly impressed with the paternal and salutary admonitions 
contained in your benevolent and instructive charge of that part of his .Majesty's 
subject;-? oonvciie.l .-is Jurors at this present Court. We cannot snppreNS the" tes'ti 
mony, pieasi •' ^■■'^■' " • ■ • ■' -^ 'i-fu 



^w..>^..^>, ..., ^uiwirt ..t tu,.-, preoeiii \^()un. vve cannot supprens the testi 
^asrne luid giatitude we feel at your appointment as one of his M.iicstv' 
n this Province. Convinced as we are of the high pre-eminence of th( 



Justices i 

British .Judicial Code, we beg leave to assure your Honour, that we want nothing 
but clear exposition ofour duty, to direct us in the entire and perfect dispensation 
ot Justice, so tar as facts and our powers of jurors may enable us. 




66 



CANADIAN ARCHIVES. 




I 



Permit iiti, lloiiourablo Sir, whilHt paying this tribute to yourself, to nay, that 
wo have the most lively Heiise of the i^onoial ami particular protection of person, 
])roporly and individual right, which the Biitish Government artbrds to all its sub- 
jectw; and that our feelings, loyalty ai\d our attachments are in unison. 

While wo have the honour to subscribe ourselves &c. &c. &c. 

Answer. 
To the Gentlemen of the Petit Jury, 

Genti.emkn, — I delight in the sentiments of your Address ; thoy are truly grati- 
fying to me, they are highl}' honourable to you ; they have driven calumny to shame, 
and established the purest principles, with the most upright conduct for universal 
imitation throughout the Province. 

These aie the paths to public prosperity, these are the ways to presorvo ''borty 
and property and secure thon\ undiminished to yourselves and posterity. 

Our only contention shall be, who will make the greatest exertion to maintain 
the connection, the Law and the Constitution of Great Britain, and render to the 
Province and People the most valuable service. 

Bo assured, Gentlemen, 1 am truly your friend 

ROBERT THORPE. 
York, March S'Jth, 1806. 

(C.) 
Donald McLean, Clerk op Assembly, to W. IIalton, Secretary. 

Clerk of tue House of Assembly's Office, 

York 1st February, 1807. 

Sir, — In answer to your letter dated yesterda}', I have the honour to acquaint 
you, for the information of his Excellency the Lieutenant Governor, that C. B, 
Wyatt Esquire, the Survo3'or General, appeared at the Bar of the Commons House 
of Assembly last Session, and there produced his Commission (which was read by 
a Member standing up in his place) and the Books said to belong to his otlico ; the 
House was then in a (-'ommiltee of the whole; no warrant had issued from the 
Chairman of the Committee to command the attendance r-f the Surveyor General to 
produce either his commission or the Books ot his Office. 
I have the honour to be, Sir, 

Your most Obedient and humble Servant 

DONALD McLEAN 
Clerk of the Commons House of Assembly, 

William Halton, Esq., 

Secretary to Jlis Excellency the Lieut. Governor, 

Mb. D'Arcy Boulton to Lieut. Governor Gore. 

26th December, 1806. 
(/See No, 28 of this note, enclosure B.) 
(E.) 
Grand Jury, London District to Judoe Thorpe. 

17th September, 1806. 
(&c No. 21 of this note.) 



NOTE D. — HJi.fTICAL STATE OK UPPER ('ANAUA IN 1806 



61 



Hon. Robert Hamilton ami Joseph Kdwards EsyurRE to L(bi; r. Governor 

(tore. 

(JK 83.) 

Copy of a Lcttor from tho Honourable Robert Hamilton one of K \h Majehty's 
Legihluiive Councillors. Lieutoiiant of tho County of Lincoln and a Magistrate for 
the District of Niatrai'a and Joseph Edwards Esquire also a Magist-ato for tho said 
District, to His Excelloncy tVancis (Joro, Lieutonaut Governor of the Province of 
Upper Canada. 

Sir,— Tho very extraordinary circumstances which have occurred at the last 
assizes for this District, and which unfortunately have led to tho death of a Member 
of the Society ; we think it our duty, as we had the honour to be associated on the 
Bench with Mr. Justice Thorpe, to state to your Excellency. In a case in which 
Mr. Wcekes the Attorn-y was employed, ho took the opportunitv while addressing 
tho Court, to introduce thr character of cur worthy late Governor, Lieut. (Jeneral 
Hunter, tho Chief JiLstico Mr. Allcock, and several others of the most respectable 
characters in the Government of this Province, and to rail against them with the 
utmost degree of asperity. General II un'cr he stigmatized with the epithet of 
"Gothic Barbarian whom the providence of God hail removed from this world for 
his tyranny and Iniquity." 

He stated Mr. Chief Justice Allcock as having a personal animosity against his 
present client and as having been the cause of the Indictment being preferred and 
attempted to turn his character to ridicule by relating idie stories equally (as we 
believe) groundless and malevolent. 

The presiding Judge sat with the greatest composure to hear this abuse, tho' 
totally irrelevant to the cause then before him, if he did not applaud, he certainly 
shewed no serious signs of disapprobation. 

We his associates indignant at this indecent conduct from the Bar, and at the 
apathy in the Judge, would have left Bench to show our resentment, had lK)tre^ .oct 
for the Court detained us, resolving however most determinedly never to bo exposed 
to the like again, by declining this and all other duty with this Judge. Mr. Justice 
Thorpe had the day before requested the early attendance of the (jeison whose 
signature is first to this i)aper, assigning as a reason, that he understood a very 
elaborate argument was to be given by Mr. Weekes. As tho argument produced 
was elaborate only in malice and misrepresentation, we are tempted to believe that 
the Judge if not aiding in the falsification, was certainly previously acquainted with 
the matter it contained, and that it was not delivered without his privity and 
probable consent. 

Your Excellency has doubtless been informed that this Mr. Weekes has since 
lallon a sacrifice to his malice and obstinacy; here too we fear the interference of 
the Judge, or of his part, operated in forwarding the melancholy event. We are 
assured that for some time after Mr. Dickson's replication to this speech in which 
ho warmly reprobated such language as disrespectful in the highest degree to a 
Court of Justice, and most probably arising from private malevolence and the ran- 
cour in the speaker's mind, Mr. Weekes showed no signs of particular resentment 
to Mr. Dickson; that he even had left Niagara on his return to York and unexpect- 
edly returned the following morning and gave a challenge from which no reason- 
able explanation could induce him to recede. We have strong reasons for thinkin«r 
that the conversation of this farty, that perhaps some rash' promise "iven when 
warm, produced that obstinacy which proved fatal to iiim. " 

In the above statement we have carefully recited facts to tho best of our recol- 
lection. In matters ot' opinion wo have to request you to excuse what may appear 
erroneous. ^ 

And we are with sinco"o respect 

Your Excellency's most obedient and very humble servants 

R. HAMILTON, 
JOSEPH EDWARDS. 



ii 







68 



CANADIAN ARCHIVES. 



■; iW^ ■ si 



• 



Mf/ 



(G.) 



"a 

■'•I 
-t'1 



Thomas B, (touoh to the Electors op York, Durham and Simcoe 
(p. 87.) 

To the independont and respectable electors of the County of Durham, the East 
liiding of the County of York and the County of Simcoe, who honoured me 
with their support at the late election. 

Gentlemen,— Permit mo to return yon my mont sincere and ffnileful thanks 
tor your exertions .n my behalf in the late contest; exertions as honourable to vou 
as flattering to mc; although your efforts have not, on this occasion, obtained their 
mented success I pledge myself to pursue my endeavours where I hope and have a 
contidenco of obtaining Iho object of your wishes. 

You went to the busting, Gentlemen, under the banners of liberty, loyalty and 
union, with hearts animated with pure lovo of King and Constitution, and many of 
you have proved your attachment thereto by shedding your blood in their supnort- 
but your opponents were preceded by the standard of Discord, Anarchy and RebcN 
lion, which in another part of the Empire has led thousands to a premature Death 
and many who escaped the horrid carnage of the field expiated their Treasons in the 
vain attempt to sever tlie Ciown f,om the Harp, by an ig.iominio.is exit at the Gallows 
and their heads wore affixed as public spectacles, to warn the deluded : but charity 
and the honour o this country impels me to hope it was only the incautious indis- 
cretion of the unthinking. 

I have also to return my thanks to many, who on account of the lateness of my 
offering myself as a Candidate, had so far previously ongai;e<l themselves, as not to 
bo able to retreat with consistency, though I had their warmest wishes, 1 could not 
avail myself of their support. 

Persevere, my friends, in your attachment to your King, maintain tho good 

??P nnS, '7i^'"*rT';''"'''^ l^' P"''^"? 3-our industry, and cherish your domes- 
tic comforts, follow the dictates of reason, but bo not deluded by discontented Dema- 
gogues and when other parts of the world may bo desolated by the ravages of war or 
agitated by internal commotion, you will be tranquil and secure, ' 

I am, Gentlemen, with gratitude and respect. 

Your faithful humble servant 

York, 8th January, 1807. ''''^^'^^ ^- «^^«^- 

is in Series'Q ^ Vol'Vlo" TlT"^ ^"^ ^''' ^''"^^'' '"'''''"*'"" C«"closii''e A). The answer 

At a meeting of the independent Freeholders of the East riding of the County 

13tli ISO:''" Counties of Durham & Simcoe, held at Iloyle's Tavern, Jan. 

William Willcocks Esq, in the Chair. 

The following resolutions were unanimously agreed to 

«.,.?/??l-7i'^' Tn.t^ r ^''"'^ ""^ '"' f ''*'■*'"" "'^^'"'^'^ 'T^^™-'^'^ B.Gough & published in the 
Gazette ofthi, 10th January, tends to irritate and influence the public mind & as 
It might bo used as an instrument for misrepresenting the loyal indenendent & 
constitutional exertions of the F.^eeholders who voted for Mr. justice Thorpe We 
feel It our duty to (ieclare that the second p rt of said a.ldress is false, malevolent 
calculated to sow the seeds of discontent & i., diffuse ideas of the most dangerous 
tendency amoiig the people. ■t.uiuuo 

Resolved 2 That tJie aforesaid Electors were not preceded by any FlaL' of 
Discord Anarchy or Rebellion, but were procoded by the most app.opria.e & 
constitutional flags neither borrowed or hired for the occasion, but coMltrucie.l by 
h.nv.olve>. The hr.^ ia.-e flag ^vu. blue, with 6'. li. and the AVn^/'s Croivn <.vcr it, 
the Union Cross in the corner & at the bottom .he Royal motto Dieu ,t man Droit 
The second pink flag with The Free>tom of Election worked on it, & three smaller 
ones of dark blue, with tho Harp (as taken from a compartment in tho Eiiiish 



NOTE I).— POLITICAL STATE OF UPPER CANADA IN 180(J 



69 



.standard) Hurrounded with those words The King, the People, the Law, Thorpe & 
the Constitution, more loyal or constitutional symbols could not have been disnlaved 
upon any occasion. * '' 

Kesolvod 3. That wo know no discontented Demagogues, nor if wo did could not 
bo deluded by thorn, many of ue have fought, bled & sacrificed our families & 
properties for the Bi-uish Government, we hiive exerlod & ever will oxort oursolvoa 
to preserve the freedom of election from all undue influence to tho last moment of 
our lives shall bo ready to support our King & Constitution. 

Resolved. That tho above Eesolutions be published in the York Gazette. 

W. WILLCOOKS, Chairman. 

Tho printer was not permitted to insert tho above Resolutions in the Gazette 
not to print them in any shape. 

Endorsed. The violent address of Mr. Gough tho Government candidate, ordered 
by the Secretary to bo printed & the mild reply of the independent Electors which 
was refused. 

This vyilUhow the exasperating arbitrary propensity of tho Government and 
the state of tho press, which is turned to an instrument to calumniate & misrepre- 
sent tho people who are most loyal and most attached to England tho' dreadfully 
oppressed after having made every sacrifice in life for thoir King. 

(H.) 



(p. 8!).) 



William Allan to Lieut. Governor Gore. 



York, 5th January, 1807. 



Sir,— r consider it my duty as Returning Officer at tho late Elections, to inform 
your ['excellency that Mr. Justice Thorpe is returned as Member. 

Mr. Justice Thorpe, after the closing of the Poll, made a long harangue to the 
people then present (mostly his voters) us I conceived tending to disseminate 
principles by no means favourable to the Government of this country, telling them 
•'they did not know their value to Great Britain; there was no Law in this Country 
•'to prevent their meetings; that the Habeas Corpus Act had never been suspended 
•' here.'l He reminded them " of the separation of the United States from Great 
" Britain — He loved the people " &c., which appeared to me was intended to impress 
them with an idea, that their situation in this country might render them Inde- 
pendent of Great Britain. 

As a Magistrate and a loyal subject, r have felt myself called upon to state the 
above circumstances to your Excellency. 

I have the honour to be with due respect. 

Your Excellency's most obedient servant 

WM. ALLAN. 

No. 1.— Conversation between Judge Thorpe and Lieut. Governor Gore. 

ip. 99.) 

Conversation which took place between tho Lieutenant Governor and Mr, 
.Tustico Thorp?, in the presence of William Halton Esquire the Lieutenant Govei-- 
nor's private Secretary. 

3l8t October, 180(5. 

A. Mr. Justice Thorpe came by appointment and began by stating the great 
public benefit (as well as private advantiigo to tho Governor) that would ensue upon 
Government purchasing a Tract of Lulian Land between Sandwich and Maiden, 
about seven miles square; and which might be particularly appropriated to the 
successful culture of Hemp. 



70 



CANADIAN AacinVKS. 




i '1 



n.. u ^'''^"^"^*"^ «•!'"« Certificates from Persons who had grown homp and could 
not obtam the promised liount.oH, which cauHcd disHatistaction, also Memorials from 

iJvVpHson; i'nTKoaIr ""' ^*'*"'"'^'^' "^""^ '^' ''''y ^^'"' «"'^° »'' '''-'' -^P^- 

0. lie next obHorved wilh much warmth and emphasis, that the whole of the 

H l.^Mr,7T\ "'h ^^ -'^^^^^^^ been a system of coercion, that then tho 

ittle Magis rates about hun had been taught to coerce; an.l that the People had 
l)Con treated as if they had been soldiers. ' 

tl,„ v' ^.'''"! '"■'''"*'1 ^y ''T f''"^-^'-""'' to be specific; ho said a considerable part of 
the discontent arose from the manner in which Mr. Mc(ii!l had treated the U Es 
and that ho in tact, was the man who had governed the Province, for that a U E 

hhn, JZ f Vl"/""'"'"'r- ""^ *^' ^^r""''- *"' -' *^^'> ''''■ Mc(iill either put' 
him on the U. h. list or not, just as he pleased. 

thn«f«,?'''f fl^ ^iolightful iVovince, which was ii,^ ,a to be a Bed of Down (or 
those who had fought and b ed f ,r their King and th.,r Country, h.<l been stripped 
of lis Down, and planlod with Thorns, to enrich a few individuals ' ' 

Po«. In ■ \ r ''•"■. P°'J^«'i'e(l with the gieatost concern and discontent the vcrv 
People against whom they hud fought and contended in the Field, procuring Land's 
and hying comfortably, while they themselves were starvin-^ 

Vfr \r!r n V- f:"^^!] ^^=^'."« '"^P t'le Province, wore higT.ly disgusted at seeing 
aL.? ''' ^^ ' '" """"^'""' ^^'>«" 'I'cy '""1 l^nown him so low amongst them in 

(r. That Mr McGill's appointment by General Hunter, to bo Inspector Genera! 
was impudent, il egu , and an affront to the King, as two Departments for ihat pur- 
Council!'" ^' ' ' ^'"■- ^^'- ^^"'''"' "" ^^"'^'''''' ^^«"*^'"*' ""'I tho Executive 
M.rllv V'''-^ H"" ^^"'f^?^" Assembly wore well aware of the illegality of Mr. 

S l^/'i^ '''°?^''?°''^'""''''"'^*^'''^'''«^'"°''"^ to have made it s.ibjeet of 
Debate last Session, had ho not conciliated them, and prevented it. 

1. Ihat Mr. McGiH's eitting in the C uncil was also illegal durin.r Mr Grant's 
wiT'^! k'?""?''":'" '""'h "' u^' ^"'^ '''^' ""-^^''' '' ra'indamus which sprcilied, thai he 
mlmJmry ' ""' ' ' " ^"'"■"""e^ to do so by the Governor, as a super- 

Bittiiigiif'i'roComicir ''^'''^"'"''''"''*'« ^'-^"'^tly applied to Mr. Chief Justice Scott's 
iU.i^u ^'f ^these two Gentlemen were the Persons who made Mr. Grant President; 
qnn n.^t?' h'i<i asked his opinion about it and ho told them it was not legal ; as the 
Senior ty of Councilors depended on the priority of their taking the Oath, hat Mr 
Kussoll had taken the Oath first, but it did not much signify, which of th^ two old' 
women administered the Government i.u ui mo iwo oi<i 

M. That both Mr. Scott and Mr. McGiU had risen from the lowest situations 

ne h r Vn' ''1 ''\ ''" '"^''''■'^•' '? '^'^ ^''''' ^>ot''i"^«"t of the Community, and that 
neither of^ (hem liad any more right to sit in the Council than Mr. Halton or himself 
IN. mat there was a Book in the Council which would prove Mr McGill's 
having put names on or otf the U. E. list, or altered them just as he pleased. That 
heie was a Gentleman, an Englishman, and a man of honour, who could inform the 
m?r''"?M'f foregoing circumstances being true, and that Mr. Small was the 

man. (Note in red ink : See Mr. Small's letter marked O). On being asked if he 
had derived his information from Mr. Small, ho replied he had not, but ho had men- 

shook las head and allowed it to be true. 

w .. "^■•\^'/'*/''^'^ [^'^ uniform system of coor.jon that had been pursued the People 
wcie highly discontented, and from this cause it had been sau. that two hundred 

r r'''nT' .'";- u ■■■"? "'•- ^T'"'''" ^''""^ ""'-^ ^"'^ t« the other and he boiioved the 
Government to have been so bad that it could not have lasted more than three 

That the last Government had not influence over three Members in the House 
not even to get a common Bill read, for which purpose ho had been applied to; 



NOTE IJ. — POLITICAL STATE OK Ul'l'BR CANADA IN 1806. 



71 



tliat in his Hittin^s m Judge tlio (iiscontontH ol' the People against it wore very 
strong, and lliat iiitlio' liis own mind was lull of their peculation and viciousness, ho 
had thrown it only on their incapacity, and addressing the Governor very oarnostlv 
said, were his Sovereign sitting hefore liim, he should think it his duty to inform 
him of these circumstances. (Note in red ink: See lleniarks on Mi-. Thorpe's letter 
of the 18th November, 180(i). 

That all the OtTices had been ill treated; Mr. Wyutt's, Mr. Jarvis's atid Mr. 
SmulTs, that Mr. Wyatt had groat restrictions placed on him, tho' his Commission 
vested him with full jjowers, but that all depended on Caprice, for People stood 
[high] today and low tomorrow and the rate of fees just tho same. 

Q. That another source of discontent was tho scandalous multiplication of 
Indictments for private benefit; because tiie Attorney OJeneral had got seven pounds 
ton for them. 

E. That every thing here ought to be like England ; and that such a disposition 
might i)robaHy allure the Northern States of America into tho arms of Great 
Britain. 

He believed General Hunter was clean handed (note in rod iidc: Sec Mr. Thorpe's 
letter of the 18th November, 1806), but as the people were ignorant to what pur- 
pose Twenty Dollars of every Fee for a common lot were appropriated, it left doubts 
and suspicions against him in the public mind ; and People in conversation observed 
to each other, they could not comprehend how theso Twenty I >ollars were disposed of. 

S. That taking fees in the above mode was a bad one, and that by proper man- 
agement, they might be regulated and taken under an act of tho House. 

That some paltry abatement of fees, of five pounds, had been made to favour 
Lord Selkirk, which gave groat dissatisfaction. 

That Mr. Russell had agreed with him that everything had been carried on in 
a most s' idalous manner, and also coincided with his Opinion of Mr. Scott and 
Mr. McGiii, l)Ut bo did not know whether Mr, Jlussell would acknowledge it now. 

T. That the People of this Province were extremely well disposed, and that tiie 
smallest coincidence with tlieir wishes woidd (lo a great deal. 

That the Governor camo into the Province at a very favourable period ; the 
public mind being much irritated ; and that by a ditForent lino of Conduct, he had 
it ni his power to attach tho people to him en"thu8ias(ically. When asked to Com- 
mit the Heads of his Conversation to writing, ho declined doing it, as well as making 
any specific chaigos in the same way against Mr. McGill. 

WM. HALTON. 
Eemarks on tiik precedinq Conversation. 

(p. 91.) 

A. That the successful culture of Hemp would bo of great and general advantage 
to tho Province is beyond a doubt, and the Legislature, as well as tho Executive 
(.Tovernment have shown every disposition to encourage it, but without any great 
effect hitherto. How tho tract of Land here intended, could be applied to this 
])urpose, is not explained — tho lure he throws out of Private advantage to the Lieut. 
Governor looks very like a wish to make a Job of it. 

B. The Certificates to persons who had grown Hemp, and received them before 
the expiration of the Law; altho' they could not be presented in time to tho 
Commissioners at York, ought in justice to bo paid, and the Legislature will doubt- 
less make the necessary appropriations for that purpose. With rosj^ect to Prisons 
and lloads. Provision is made b}- Law, by local assessment and labour for both those 
objects. But tho Legislature has been too hasty in erecting new Districts at tho 
solicitation of the Inhabitants, who now complain that (hoy are not able to support 
tho Burthen of their Organization. The subject is well wortii}'- the attention of the 
Legislature, but though Mr. Thorpe has talked wildly enough about Roads in the 
House of Assembly, he has said nothing about Prisons, as he knows that an appro- 
priation from the Provincial Fund for tho benefit of any particular District would 



be rather an unpopular subject. 



i 



■ ! ■ «s 



CANADIAN ARCHIVES. 

C. With tho full benefit of the English Lhwb the system of Coercion (\F !.« 
means anyih.n^. oIho than a nettled disposition to enforce tZ Laws) a rili I to 
Geno,a| ll.n.ter, and tho subordinate fttaKistrates is impcUwo Gone -a Hunfi^ 

?o dotrdu';;:' "'"^ ^""p"'^' •^-^^"'^ ""^'^-•^'>' -i-- o^ry n.anin puL" oSr;. 

of thrpJmiirro fL!V''' V' ^'^- ^^^'""'^^'^ ""'^ ^"'^"'-^^ claimants, tho Government 
Ue Crown ow.n . . ''"^'"^, >"terpo«ed any Ban- to tho intended Bounty of 

the Lrown towards thorn, have indulged them much beyond tho Intontioiw f fhn 
on^'inal orders m their favour. In 1788 an order of the S vo rno a h^ Council of 

to P?nvo'n if P7« «^I^^^P<^"«^'- B"t l><.th these Orders worn exm-L y "onfi^ 
to Hn it Z I «';' I ?1-^ •""''•."^'"* *^"''' '^'•«^ '°^""^"«' thereby ovi. onlTy^ntendinn- 

■ n.l I , 'V f .^'"'*' ?'''^''''' ""^ extended tho Benetits of hem to all who came 
into t^,o country before the year 1798, at which period all grants undo ProvinS 
Au honty wore put an end to (oxoopt those to tho children of U E Lova lists l 

.>vn..?f; "^V l"«'""'}tions against Mr. McGill and Mr. Scott respecting their formor 

losKlents in Provmeos not involved in the American war or in some cases of t loso 
who had eni.gratod from tho American States since the IV ■ tv f ^ o tho.e 
doubtless the duty of Mr. McGill, as Inspector Sra to' r^j lit ih cases (S 

;^^^=t?^-i^j;;xt-^^^^^^^ 

llAhl P • ^.i , ^"i'Ki'»il« from tho American States, for (ho fiUuro Po'ico 

lit • ^;"«)''"^«- tl»0"fe^li much to bo re-retted is too true; for the rest Peonlo a -o 

dleness wll'"""'''"'/' "''''' ^' ""'''''' ^'^"-^ ^^'" "«* be indust o, s DiH-Z.oand 

an, syioTn'lt'ISc'!" ^""'"'^ ^'" ^""^ '''''''' ''' ^'^"-"-^ '^ "«* -"«-" "o 

that w/t.^'" P'ovince becomes a Bed of Thorns, it can only be from tho Princinlos 
that Mr. Thorpe is most industrious in disseminating. He indeed is v °rv busv in 
sowingand Chens nng the seeds of Ingratitude and Disloyalty ll.nv t o^armL" 

Sn.?,so of tl^'u'-^^'"''""^'.^-^P"''^"'^"^ ^"" h-''^« ^ tond<i,.cy^oon ch a fow at tic" 
i-xpensc of the Majority, it is impossible to conceive. Officers of cou rso havo Id 

Jaf [h^vCd aiw .^'""^Ti^'^\ '''" ''*"«^- 'r^ ^-» provided rthllirg^ratirtmet 
hat" luo^, Sop? r Vr T' ' """ '?A"'"' '^T^ ^^*^" '''' ""^ '' untbrtunato as to 
grievances wl o m thov ?'l Z. ?" '" ^^",' "^I'fe'l'bourhood (to make them imagine 
grievances who. e they felt none) are. as thoy have reason to be, very well satisfied. 

G. -Ihat the appointment of Mr. McGill as Inspector (ronoral has been hi^rhlv 
lu8 Igno.ance ■ • h.s Independence most, in speaking of it in the manner ho does 



NOTE 0,— POLITICAL STATK i.F UlU'EK CANAUA IN ISOU. 



78 



H. It ms he who urj,'e(l, instead of preventing, Iho ridiculoiiH attempt to per- 
suade tho liouHe ofAHsembly (o uiil in question the Legality of this appointment. 

1. M ith respect to Mr. (Irant, it would seem that in determining the seniority of 
tho h.xccutivo Councillor, the ciroumstuneo of his name being first on the list tians- 
mittod, and made uj) at home, on the first organization of tiie Province must bo 
decisive. 

The Executive Council never did consult Mr. Thorpe on this subject. 

l.K. Tho remark of Mr, Mcfiill and Mr. .Scott's sifting in Councilonly under 
particular ciicu.nstances seem altogether futile. Yet Mr. Thorpe lias taken al" .os- 
siblo pains to make it be believed that Mr. (Irant was placed improperly at the u'-ad 
ot the Government, and that in consequence every act of his administration was 
illogal, 

P. Truth is always consistent, but what can be said of a man who in tho course 

ot one conversation asserts that the people are so discontented, that it had been said 

' two hundred Americans might take the Province " and (T.) a little after that the 

•; people were extremely well disposed, ami that the smallest coincidence with their 

• wishes would doa great deal"— the plain English of all this is, let mo dictate to 

you, and everything will go well. 7. the People, though not tho actual language is 

in i-o«l>ty u characteristic motto of Mr. Thori.e and every other factious Demagogue. 

(I Almost scandalous assertion that many Indictments must hero be tried at the 

Assi es that are in Mngland decided ot tho Quarter Sessions is unavoidable, for where 

these involved a point of Law. there are few of the Magistrates in the country 

capable of forming a correct Opinion on the Question, and should they even happen 

to be^right, their decision would not have tho proper degree of weight. 

mu ^" P''"***'t'iition of the idea that everything here ought to be like Kngland 
Mr. Ihorpo has been endeavouring to urge the Assembly of this Province to act 
[asj though It was the Representative Body of an Independent State, and even to 
arrogate to themselves a Kight to dispose of the Property of the Crown, which the 
iiritisli Parliament has never assumed. 

S. There is a most insidious attempt to introduce tho House of Assembly into 
the Management and disposal of tho waste Lands of the Crown. 

FEANCIS GORK 

Lt. Governor. 

\v\r'^' ^"N^^ '' '*^"®'" ''■'^"' J"'i" '^ma'l I^^eq. clerk of the Executive Council to 
VV ! liain Jlalton Esq, the Lieut, (lovernor's private secretary, dated Council offlce 
Ibth JNovernber, 180(). ' 

Sitt,— Li obedience t(j His Excelloncv the Lieut. Governor's command, I inform 
you that there is a Hook kept in the Council Office, called the U. E. list in 
which several names have boon, some expunged and others suspended ; but how far 
Af'"" ^I"^/Vm? ,^'^orpe can conceive himself justifiable in stating to His Excellency that 
Mr. McGill has j)ut on and taken off, or altered names at his pleasure in this Book 
i know not, but I positively deny acknowledging to him that such a statement was 
true. 

I have the honour to be. Sir, 

Your most obedient humble servant 

JOHN SMALL 

G. E. 0. 

No. 2.— .TuBOE Thorpe to Lieut. Governor Gore. 
0;. 106.) 

York, 18th November, 180(i. 
Sir,— Altho' no per.s(jn has any right peremptorily to desire me to specify in 
writing, the particular acts which brought conviction to my own mind or any 
general matter which had not been investigated before me judicially vet as I am 
most anxious to gratify your Exoellency, I will specify such acts as I fiave heard of, 
amf can immediately recoiiecl, as assisted in iriving conviction to my own mind that 
there was peculation in the late Government.' " ' 







Li 3, 



74 



CANADIAN ARCHIVES. 



! 
1 






!; 






1 


' 




[1 

1 






( 

i ' 


i 





I 



III 



bniii^l 
sent fro 
against 



ay 
er 



I nuist lull your Kxcolloncy's rocollection to the convorsution which K'lve riso 
to this cursory observation, when on the subject of the late Govcrninont 1 remarked 
It was insinuated that I wished to embarrass them (you itnow from what I liave 
related It was my duty not to countenance thom) but I did assure you, that 1 never 
had publicly siwUen or written anything against them, until the" London address 
forced some observation from me,und (hat 1 only imputed incapacity to thom altho' 
my own mind might have been impressed with a conviction that th.-re was iiecula- 
tion, 1 also did assure you most truly that [ did prevent the investigation of 8ubiect> 
which would have severely annoyed thom, because I knew these subjects would 
create still more discontent in the Province, l mentioned mv surprise that (Genera 
Hunter (who I behoved to be as pure a man as to public money cjuld be) would hn 
himself open to the insinuation of having einbezzled public money, because he nevei 

't into the public accounts, money raised by fee.s on Lands, nor by the Revenue 

om Lower Canada, thus having shown I did not moan to insinuate anything 
t the lato Orenoral Huntor, I come to these things which I have so often heard 
of that my mind is impressed with an idea, that there has been ])eculation in the 
Ofhcers of Government, the immense tracts of land in the best situations, given to 
themselves, their families, relatives and friends, when others better entitled have 
been refused, their charging themselves, families, isolations, and friends, smaller foes 
than others equally entitled; their charging fees to some and not toothers in similar 
situations, their charging fees to those they had no right to charge, and after holding 
them for years, when threatened with prosecution their having refunded them and 
their having taken fees and not accounting for them ; various accounts, I have also 
heard, are completely kept back from the Public eve; these are what I can imme- 
diately call to memory, that impressed me with that conviction, but the iiivesti-Mtion 
of such things J could not go into nor the proofs ever seek for. or suffer any one to 
relate, oecause some of them were to have been brought before the Court this last 
term, and on the issue many more might have followed. I repressed but could not 
control observation. 

Permit me now to rcminil your Excellency, that our conversation was privatn 
and coiihdential, that the force of my obscvations tended to shew that the system 
pursued by the lato Government had stunted the growth of tho prosperity of the 
Province, had kept it useless to the Mother Country, and had brought it to theveriro 
of being lost to Groat Britain; also 1 endeavoured to impress on your mind, that at 
the very moment England wanted every guinea she could raise,' to support her in 
the glorious contest she was engageil in, that these wore useless and burthensome 
Departments here, which might bo struck off, by which twenty thousand a year could 
be saved to England, and more justice and satisfaction given to the People here- 1 
thought it but doing my duty to my King and tho British Government to make that 
statement, and when 1 brought representations from Districts which I had passe(. 
thro as Judge of Assize, I considered it ray duty to your Excellency's Government 
to make such observations as might tend to benefit the Province harmonize the 
People, preserve and render it valuable to Groat Britain, and I must remark that 1 
had not the slightest idea, that a cursory observation, on an impression made on mv 
mind, the proofs of wliich I never could investigate, nor over suffer to be related, 
should be the only point noticed, while the arroat objects [ endeavoured to impress 
seem to have escaped attention. 

Considering your Excellency as representing mv Sovereign, fiom whom I 
should, withhold nothing, I have put in writing the specific acts, to the points vow 
desired, although your desire was conveyed in a tone vcrv different from'what (hat 
gracious Sovereign would have used to any gentleman in his dominions and highlv 
differont indeed from tho stile in which he would have applied to one of the Justices 
of his own Bench. 

1 have tho honour to be with great respect. 

Your Excellency's most obedient and 

Very humble Servant 

EGBERT THORPE. 






(;>. 111.) 



NKTE li.— I'OLITIOAl. HTATK (IF UI'l'ER CANAIlA IN 1H06. 

Remarkh on Mr. Thorpe's Letter. 



7ft 



Altho II. IiiH lottor, Mr. Thoi'iu. upc-iks but from roporl, and coiioorniiiL' .somo 
particiiliirH ihut imisl Imvo tiikoii plnco about oiglit voarw bofoio ho camo into this 
I lovinco, yet I lost no tinio to oxuinino into the regality of hiH staternuntH I was a 
8tnu)tj;or, and wished to obtain information, and wan anxioiiH lo discover in whom I 
could contide ; I now Htate the roHiilt of my iniinirien. 

The HtatomentH in Mr. Thorpo'H letter, so far as "they apply lo the poet oi.ora- 
tions ot tins (xovornmont, appear to me o be aH follows; 

First. LioufonanttJovernor Hunter had not liroiight forward into the Public 
Accounts, fees received for Lands; nor the revenue received from Lower Canada- 
and that the Omcers of Government had received feew for which thev never did 
account. '' 

Secondly. That iinmenHO tracts of Land had been given to the otHcers of (iov- 
ornment, their relations and friends; smaller fees liaviiiL' been charged to them 
than to others ecjually entitled. ' 

Thirdlij. That fees had been c hari,'od to some i)er8onH and not to otliers in 
similar situations, and to some persons who oii^'lit not to be (barged at all and that 
the last montioiu'd fees had been refunded when a prosecution had been threatened. 

tourthlij. That articles for building had been taken from the King's Stores and 
applied to ))rivate uses. 

To understand the statement in Mr. Thorpe's letter, it is necessary to observe 
that the word " I'oes" is not only applied to what is paid to the difteront Officers of 
(Tovernment, on every Patent that is issued for Land, but also to u much lar<'er 
payment to the Crown, upon the issuing of such Patents— it is to the last mentioned 
payment that Mr. Thorpe's observations can only apply. 

As to the first charge made by Mr. Thorpe, with this explanation, I liave to 
(jbsorve, that by Documents laid before me, itaj)pears that a regular account of the 
tees paid to the Crown has been half yearly made uj) and transmitted by the 
Keceiver (Tcneral to the Lords of the Treasury; another that the lievenue from 
Lower Canada has been annually inserted in the public accounts laid before the 
Legislative Assembly; nor have I discovered that any of the above mentioned fees 
have not been accounted for by the Officers of (Jovornment. 

With respect to the tracts of Land bestowed on the Officers of Government, as 
stated in Ins second charge; the fact upon investigation appears to be this: By His 
Majesty's permission in the year 17!>8. such persons as wore then Members of the 
hxecutive Council, did receive a portion of Lands, which together with the Lands 
they had before attained by virtue of the King's instructions, amounted to six 
thousand acres ; for sucii Lands payment was not only made of the fees that 
belonged to the Officers of the Land granting Department; since the above period. 
Ills Majesty has been pleased to grant to certain individuals, Lands subject only to 
the like fees, as had before been paid by the Members of the Executive Council. 

It IS true, as stated by Mr. Thorpe, that the families and friends of some of the 
Othcers ot Government did obtain grants of Land, which the Governor in Council 
bad authority to bestow; but it is equally true, that as to fees of every description 
they were on the same footing with other inhabitants of this Province, and here [ 
must observe that since the commencement of Lieutenant Governor Hunter's 
administr.ition, the members of the Kxecutive Council, and other Officers of 
(rovernment (unless by the King's command) liave derived no advantage as such 
(3ither as to the quantity of land which they have received, or the amount of the.' 
lees which they have paid. 

As to what is inserted by Mr. Thorpe in what I call his third charge, respectin'r 
partiality with regard lo the amount of fees reijuirod from dittbrent individual?, I 
can only say that 1 have not dibcovered any foundation for that assertion. 

Amidst the number of alterations which have, from a variety of causes taken 
place in the Table of Fees, it would be rash to maintain, that the Governor and 
Council may not have sometimes erred in tiieir judgment respecting them, but that 
in any instance they have acted corruptly, I have lio reason to believe. 



r ml 'f\ 



JtOfl 



7(! 



CANADIAN AHCIIIVRS. 



ii 



alMO l.y Mr. U >m\ lio .'hariri. as lo fm-(, \h tnio. hut, it, U rl.a.xo, il'.ny nlurmulion 
.0 corm.t of wluch thu.o wl... wor. at, tl.o h.a.l of ,,,.l.li,^;(rai..H\Klo,l not l" 
iHhHmod ; about o.Kht yoarn h.i.co tho soal <.f tJovo. lunonl wuh n.rnov,„LlVotn Ninirum 
^. th.H place, ,oMaw,l.o,m,«Ml,o -lifflcultioH whirl, ,,oisoi,m ha.l lo o„counte r 
who»,omthoMlu.it.oi,Htl,oyh«l.l wo,o cornpollc.l to roUlo ihoro wore cxlromo ' 
under «uch cii-cuin«tai,m.H, Homo matonaJH for huil.lin^r wore .ielivo.od out of "ho 
Jv.nuH .sto,-os, wh.ch ooull ho ohtaino.l „owl,..,-o out, to nnoh po.mL , pon an 
<.hl.Kat.o., bo„.K Kivor, hy thorn to repla.-e Hu.d. .natorialn, if ....n.i.'od ' ^ 

H,Mtain v17'ti'''" ""' "'" ';'"^-'">'« "'^ f-^'i"K <•>' tho vor^o of l,oi.,« loHt to Groat 
Hiituin. Mr IhorpomuH h.iyo hoon unfo.iunalc in hiH anHonatos to form Hu.d, ix 
Sor/r. ,N'"^;;!";«t""'l"'K »« ^nUiHUy i„ su^KOHtiu^r ,u„| m„;,ni(yinK M.hjoctsof 
D.HContont the otfortn a.-o not m. ^Toal and oxtonsivo, hh he and hiH friondH mav 
Hupposo, and perhaps wish. ' 

rHANCIS (;0HK, 

fjt. (foi'ernor. 

iVo. ai.-LIRUT. (JOVKRNOU (iOliE TO MK. WINDHAM. 
{Canadian Archives, Series Q., Vol. HOtJ, p. HI).) 

YoKK, Ul'PKU ('anada, 

-ii'd April, 1807. 

ro.ulnl.f';;; m"''i ^''^'' hV.\7 ^", '"^''''"..V!'". H'"> from tho Konoral and notorious bad 
oonduot ot Mr. .losoph WiIIcocUh, Shoritf ..f tho Homo District of this I'rovinco I 

ha^oappmntod M.Ie8 McDonoil, Hs.iuiro, into u Captain in tho Canadian Volunteers 
i-o Biicc'Oi*(.i iiini. 

i„„f ' f'ir "!;'!;/'""''••""»!• •'> ti-ausmil oopies of live aHidavits. rcspoetii.Lr tho oon- 
.luct of Mr Willcocits, which will, 1 l,„.(, noint out in a Htron^ror point of view, tl,L 

onTho'sub-Lt ' ""'' ' " '""'" ^''*"' '"""'"' ^'' ^"'"'' ^''""' "">'^'''"S 1 <^«" ulfer 
1 have tho honour to l»o, with gieat Ronpect, 
Si I', 
Your most obedient humble servant 

FJ?ANCIS GOIU'] 

Lt. Governor. 
AFFIDAVITS. 



(p. 120.) 



<iEoRGE Richard Fehouson. 
f^pper Canada. 



^eorge Rici,ard Lergnson of York in the Home District Esquire maketh oath 
and saith Ihat on or about the Twenty seventh day of November last ,,ast ho this 

S?w'\.T "^ V'tr?,"'" f'^\':- ^"^"^ ^'"'^ •''^^''^««" '■> t''o Township of York in com- 
frl * QT*''.iT*''''' ^^ ;"^*^^'^,^^ J''«q""o, Sheriff of the Homo District and some otl,ers. 
rin , r? ^^"n V"'-'"^Jm.^ of Politics witi, ^^'eat wa,-mth when this deponent 
requested ho would desist. That tho ShoriH" did not desist, but said that tho Oovein- 
ment we.e trying to crush and make a beggar of him. This deponent remarked 
that such Language camo ill from him, who derived his Broad from tho Govern- 
ment, and even It ho was crushed, he could leave the Province as ho camo into it, a 
±Jeggar. Ihe Sheriff said ho would produce some official Papers (which ho took 
from Im locket) to shew how tyrannical tho Governmont was. This deponent 
cmposed his pioducmg any official pape.'s there, being i„ a mixed company Mr 
.iackson insisUHt on their being produced and read; that it was in his House, ami 
tha he would support tho Sheriff; who he knew was for tho people. The Sheriff- 
replied that he was for the people, that he knew the people were ripe for anything 
and that he was determinod to support them. J i^> 



(CitTK It. — P(»r,ITtOAr, HTATK OK tll-PKK (JANADA r.V 180H. fj 

ThiH (loponont luithor Nuiil, that al...iit oiKhtonn monll.H puHt ho tl.iM .lepoi.ont 
iitiU llu. Hai.i Hhori I w«io in c(.ni|iiiny, when the .Shorirt' huLI that if Hoiiaparie liva.l 
ho w.ml.l carry l{o|.iil.licaniHni thioiiKh tho wt.rM, and till ihon, t\w world ooiild 
never he happy n.,r al rimt, and that, ho oClei, Huppro«Hod hiH admiration of a Koimb- 
Mean (.overnnicMt heforo any .•Ihcr, an-i thai tho po(.r Keheln in Irehuid were not 
Mupporlod as they (Mi^Mjt (.. have boon, hut wore Hacrideed. Alter the eicotion of 
Mr Weei<os he naid, that that I'aiiianierit would bo the m.mt eventful .)no there 
liud ever bo.^n in tho Counlry, and that there would shortly he diUorent leaders to 
thewe puHillaiiiinoiiH Mortals that now wore lnkin« the loud in ({ovorninent. 

Hworn hoforo moatVOi 
('luiada, this Twelfth 
riiary IK07. 

•loiiN Smai.i,, 
J. P. »f' Clerk of ihc Crown &c. 



orU, in Upiier") 
h day of Fob- V 



Lieut Rannv L. Uesmeker. 

(p. 122.) 

Home District York, \ 
to wit I 

Personally appeared bolbro mo Duncan Cameron KHouiro, 0110 of his Majostv's 
JustiecK ol the I'eace in and for tho said District, Jtanny L HeHHerer, Lieutenant in 
his Majesty s New Urunswick Uef,Mment, an<i hoi.iK' <iuly sworn upon the holy Evan- 
peli,:t8 made oath and said that on the 27th day of November, IHOti boiriL' with 
Hoveral oiners at the house of a person recognised as John Mills .Jackson Gontlcmun 
in the lownship ol York and the District aforesaid, that amongst other expressions 
the folh.wmg w(Te repeatedly made use of by .Jos.'ph Willcocks Ksquire Hhoriff of 
the said DiHlriot: That he wouM expose to the Public his correspondence with tho 
Solicitor (.oneral's Oflicc, to shew the Tyranny anil opprosHion of the (fovoinmont' 
Uiat they wore trying to (^riish him because ho would D.tfend tho Rights of the 
looplo, which ho would do to his utmost, and further this Deponent saith not. 

a , .. ,, , , RANNY L. BKSSERER. 

Sworn betorc mo at York iforo- 1 
paid, this KUh Docomber, 1806. ] 

D. Cameron, ,7. P. 

Titus Geer Simons. 
(p. 123.) 

r, Titus fleor Simons of the T()wnship of Flamboro' West in the County of York, 

on 
of 
re 

, ,, , , , . ., . . r, v,.,..ipany with 

several (rentlcmen to tho housoof Mr. John Mills .lackson, on Yongo Street and was 
there invited by the said Mr. .Jackson to dine with him and some other Gentlemen 
to wit. Captain Richard Ferguson, Mr. Sheriff Willcocks, Baron do Iloen Lieut' 
JJessoier and Mr, Cheniquy. Wo sat down to dinior at a late hour The then 
aproaching election became tho topic of conversation, in which Mr. Jackson and 
Air. \^ illcocks appeared warmly interested. Lnmodiatoly uftor removing tho cloth 
the King's health was drank, and that of several noblemen in England of whoso 
friendship and confidence Mr. Jaidtson boasted. I was asked for a toast I <ravc tho 
Lieut. G..vernor of the Province. "Apropos," said tho sheriff, "how is The Gov- 
ernor spoken of in your noighbourliood ? • (meaning the head of the Lake) those 
said 1, wlio have had any buMuess to transact with his Excellency have met with 
every satisfaction which the nature of their case required, for my part I can only 
spoak from his geiioral character, which I Jjolieve to bo an amiable one " So do I" 




fTTK^ I 






3!, 



t 



m 



I 



llili 



78 



CANADIAN ARCHIVES. 



HUid Mr. bhenrt, " and in order to exonerate him from the imputation which report 
18 disseminating through the country; That [ am most shamefully and most cruellv 
oppressed, for reasons unlcnowi. to myself and my friends— That he is my implac- 
able enemv, and thai his persecution will only cease on my being ousted —and I 

'' say in order to clear his Excellency from this charge, I will read a letter'which I 
have this day received from the Solicitor General "—he then pulled some papers 

from his pocket; when Captain Ferguson rose from his chair and begged of him in 

the most friendly terms, not to read or expose any "official Papers as he considered 
the company a public or mixed one, and an improper place to exhibit public Papers 
which respected his public situation, and much more so to make any comments 
on them. The sheriff then addressed himself to Mr. Jackson, saying " this is 

a ,V^?^ J"" always oppressed and cannot say a word in vindication of my- 

self— 1 have offered several (lentlemen of the first rank, men with fifteen hundred 
pounds sterling as my securities, but they have been rejected, this day I have giveu 

; m two niore, Mr. Samuel Thompson and Mr. Addison, if these are rejected the 
Lountry is ready to come forward and pay the money for me." Mr. Jackson cried 

f^'il \ '?u n ^^'^ P^^^"^^' ^^y ^^•'"'^ ^'*'" P'*^"«^' y*^" »i"e ut my table, I know 
•that the Irovernor has used you as well as some others in this place like a 
damned Eascal but that his stay in this Country was of a short duration, that his 
riend was recalled and that he (the Governor) would soon experience the same 
ate, vvhen things were properly stated at home." Mr. Cheniquy got enraged 
asked Mr. Jackson "if he was not ashamed to call the Governor a damned Eascal ? 
^^ Kecollect, said he, " that you are speaking of the King's Eepresentative." "Damn 
^^ the Iving and him too, what have we to expect from either of them ? I have asked 
tor no favours since I have been here, nor do I intend to ask for any " " If you 
• make use of such language " said Mr. Cheniquy, " I will leave the room." "Leave 
■ It and be damned Buid Mr. Jackson. " I care as little for you as f do for the Governor 
^ or his master. Mr. Cheniquy .eft the room. Mr. Sheriff then said " that ho did not 
doubt but that every word that had passed would be carried to the Garrison b^• the 
next morning at 10 o'clock." Ca])tain Ferguson observed, " and so they ought to 
be, but I shall not do it, the administrations which I gave you in the early mrt of 
the evening mspectmgyour public papers wore from motives of friendship " "Damn 
your friendship, I hold it in as much contempt, as that worthy man Mr. Thorpe 
o, 4'T "/.the P®'''''^' ''"'''' ^^'^ interest you are making a<rainst him," .^aid Mr' 
bheriff; Cap.au. l^erguson replied : " ] have made no interest for or against him " 
"}ollT\- '"! ^^-^ S'leritf, "but notwithstanding ail the interest, which your 
^^ bcotch faction have ami can make, Mr. Thorpe will go into the House." " I know 
of no Scotch facUon said Captain Ferguson, " nor am I of any Party, and your 
abuse Mr. bheriff should not pass with impunity." "Yes" said Mr. Jackson, 
that damned Scotch faction, with the Governor at the head are striving to boar 
down all before them, poor Mr. Wyatt has been most shamehilly and most rascally 
treated by the Governor, both him and Mr. Sheriff have been thrown out of the 
Governor s house without assigning a cause toeither, but the time is not far distant 
when Mr. Wjatt shall have a Seat in the Executive Council, Mr. Thorpe Speaker 
.. \u ^^«"«";^"^ ^«f^^y« twelve months I shall be returned for this place, to which 
another Member is to be added, as also one to the London District— then huzza for 
^ tlie man of the Peoph3, he must, and will stand; but the Governor, what is his 
« support, vvhen the Country is against him, he mustfall,he mustcome to his marrow- 
^^ bones. Mr. Sheriff then said : " I am determined with Mr. .fackson's leave to road 
_^ this letter, be the future consequences what they may; Mr. Simons as a stranger 
wi I see how I am oppressed without a shadow of a cause. I have written to the 
^^ bohcitor requesting to know what kind of security he required and I would obtain 
It, and this letter which I am going to read is an answer to it." I think the contents 
were nearly as follows : "Sir, This is to say that the two Gentlemen whose names 
you give u. for your securities are deemed Insullicient; I therefore hope you will 
insft nn t,m,. ,n ..rocurintr others. I am not mithopizn,! in ,.„u.,.f .... .,ccop( 



'particular person; the Statutes of the Province 



a I 



e my authori'. 



see Gentlemen," said the Sheriff, "that the Solicitor General di 



' Hen 



any 
you 



isavowi any authoritj' 



NOTE D. — I'nLITlCAL STATE OP UPPZR CANADA IN 1806. 79 

" from the Governor for thus oppo8in<r me, by rejecti-ig the Gentlemen whose names I 

• have given in." " Damn the Governor and the Government," said Mr. Jackson 
" push about the bottle." " VV^oU," said Captain Ferguson, " I had it in contemplation 
•to offer you my name, tho' I doubted its acceptance, but your imprudent conduct 

• this evening forbids it." " Damn you and your friendship it is not to be depended 
'upon, vou dare not breathe without asking some of your damned faction " said Mr 

Sheritt. Captain Ferguson immediately collared him and they rose from their 
chairs— we interfered and paited them, when Mr. Sheritt' pulled off his coat and ran 
out of the door, the Captain followed and brought him back very peaceable. Mr. 
Sheritt" sat down again and immediately began with Politics; I begged of him to 
keep his promise, which was to drop Politics, as it only tended to keep the company 
m commotion. '• By God," said he, " tho Country from repeated infringements upon 
•• their rights and liberties, is now ripe for anything; that Mr. Wvatt had sent home 

• U> or 20 pages of manuscript, stating the disatfections of the People of the 
•• Province and the cruelty and ill treatment, which ho and his friends had experienced 
I' from the Governor— when these facts are properly stated at home and when we 
'•shall have made some other arrangements in the Government, we shall then carry 
" all before us by God." *' 

o , , ...,,. TITUS G. SIMONS. . 

bworn before me at \ork, the } 

2nd day of February 1807. j' 

1). Cameron, J. P. 

Joseph Cheniquv. 
(/>. 130.) 

Joseph Cheniqiiy of the Town of York in the Province of Upper Canada 
(rentloman maketh oath and saith that on or about the twenty seventh day of 
November last past he this Deponent was at the house of Mr. John Mills Jackson 
in the Township of Y'ork, where the Sheriff of the Home District Joseph WiUcocks 
Lsquire wa,s presenl attending a Jury to lay out a Eoad in the neighbourhood. 
Lhat the said .John Mills Jackson was at home and invited tho Sheriff and Richard 
Ferguson Esquire (a Justice of the Peace attending in quality of Magistrate to 
swear the said Jury) to Dinner. That after dinner and before the cloth was 
removed the Sheriff began the subject of Politicks when this Deponent requested 
ho would desist— the Sheriff persisted and made use of tho most abusive laixruage 
against the Government, stating that tho Government was tyrannical and oppressive 
and that he expected he should bo turned out of his office because he supported tho 
Eight.s of the People. The said John Mills Jackson supported the Sheriff in his 
a,ssertions, and proceeded to such violent language against the Government that the 
Magistrate was constrained to intorfero. That the said John Mills Jackson said the 
(xoyernment were a set of Rascals. lie further stated that the Executive Council 
and General Hunter had plundered the Country. And this deponent further saith 
that the said Joseph WiUcocks (Sheriff) at another time told this deponent that if 
he Uiis deponent knew how bad the Government were he would not side with them. 

JOSEPH CHENIQUY. 

Sworn before me at York, in Upper ^ 
Canada, this Twelfth day of Febru- j 
ary, one thousand 
and seven. 

Jdiin Sjiali., 
J. P. and Clerk of the Crown, itc. 

John Eichaudson. 
ip. 132.) 

John Eichardsuii of the Town of Yoik in the Province of Upper Canada Farmer 
maketh Oath and saith that he hath been acquainted with Joseph WiUcocks 



eight hundred 



I I 



m 



m 



mi V 



'♦iifi 



80 



CANADIAN. AKC1IIVE8. 



litii 



Esquire Shoritf of the Homo District for upwards of i-'ivo years that ho over con- 
sidered him as a loyal suhjent of the King until about fifteen months last past, since 
which period (his Deponent observed a great alteration in the conduct of the said 
Shoritf. That sint'o the said period ho hath repeatedly heard the SheriH" decry the 
Government and the Constitution of <ireat Britain. The said Jowph Willcocks had 
frequently discoursed with this Deponent on the subject of Jtopublican Principles 
oven advening to the Glorious Success of the French over Tyrants, and admiring 
iheir conduct in Ireland. Ho expressed a wish that the French had succeeded in 
Ireland or in Kngland and hojjed they would be succossfid wherever they went 
The said Joseph Willcocks related a story of the Rebels in Ireland throwing a 
Brother of his over a Bridge lemaiking that tlu^ Eobols would not have served him 
so. And this Deponent further mi'ih that upon wwy occasion when the con- 
versation would admit of it the said Sherilfexpres.sed his admiration of a Kepublican 
system of Orovernment hoping (hat system would prevail thro' the world. 

JOIfN KICHARDSON-. 

Sworn before me at York, in Upper") 

Canada, this fourteenth day of I 

February, one thousand eight j 

hundred and seven. j 

.ToHN Smai-l, 
J. P. it- Clerk of the Crown, .f;c. 

Certificate op Richardson's Character. 
(r- 134.) 

Quebec, 18lh March 1807. 
Sir, — Your Excellency having been pleased to i'e(|Uest, I would transmit the 
character of John Richardson, who lived with mo as Bailitf, and also state whether 
I consider him a man worthy to be ciedited on his oaih. I have, Sir, in answer (o 
those enquiiies, the honour to inform you, that John Richardson was in my service 
as Bailitt near three years, duiing the whole of which time as far as came to mj- 
knowledge, he conducted himself very much to my satisfaction and is, I believe, « 
very honest man. I entrusted him with the active management of my Farm, 
for (hough it was not very dis(ant from my Residence, I very seldom even 
saw it,. As to believing him on bis Oath, I can assure youi' Fxcolloncy, 1 should 
have (he fullest confidence in anything he stated on oath. 1 always placed the 
u(mos( reliance on his s(atemen(s and found them correct (as far as I had any moans 
of informing myself) when ho was not bound down by an Oath. He was recom- 
menelod to the protection of the late (icnoral IIun(er l>y a very i'ea|)ectable Family 
in England, anil I believe he has, since be has been in Canada, conducted himself 
with great pro])riety. 

I have (he honour (o subscribe myself with great lesjuict 

Your Fxcellcncy's most obedien( servant, 

H. ALLCOCK. 



No. 32.— LORD CASTLERFAGH TO LIEUT. GOVERNOR GORE. 

(Canadian Archives, Series Q., Vol. 30G, p. 20(j.) 

(Eivtract.) 

Downing Street, lilth June 1807. 
Sir,— 



Tiio various particulars which you have s(ated of Mr. Justice Thorpe's having 
exceeded his duties as a Judge, liy mixing in (ho political pai(ies of (he Province^ 
and encouraging an opposition to (ho Ailmlnis(ratiop, attbrded such well grounded 
reasons for believing (hat his continuance in ofKce would lead to tho discredit and 



NOTE I».— I'l.MTtCAL STATK OP UPPER CANADA IN ISOC. 81 

.liHsoryioo of iri« MnJoHty'H Governmont, that I am (■ominan.leii to siirnify to you 
. Majesty H ploanoro that you Huspoml Mr. Thorpo from the ollico or .Ju-IkJ in 

Upper Canada and moasureH will he taken for appointing' a HiiceeHiior 
.,vt M , I] 7 "" !";f"';.i".'""de'l, nor, I am mire, in it your wiHh that Umh meanuro he 
ox enUMl lu-yon. the l.inUNof what in nocensary tor IHh Maic«ty'H service and v u 
W.I therefore .ntuna.e to Mr. Thorpe that I ho^n. I may lu/ enabled to reo nl 
h.m to «ome other professional situation under an'assuran.H, that he wiM con 
fine hnn>elf to the .luties o his professien hereafter, and abstain from oni^ , r 

I. I rovme.ai Party I am further to Hignify His Majosty's approbation oT y o n- 
hav.mr Huspeiuled Mr Wyatt fr..m the officio of Surveyor Ge Llral of Lands^ud 
Hhall communicate with the Lands (.'onirs. of .he Treasury with rc^nird to is'e .- 
<luct, but shall reserve an ultimate decision respecting him to another opponuniJy. 



No. aa.— LIBUT. (lOVMIlNOU (K)RK TO LORD CASTLERKAGIl. 
(Canadian Archives, Se.riea Q., Vol. ."{OG, p. 212.) 

VoHK, IJppEK Canada 

2lHt August, 1807. 
Mv Loiii),— I have the honour to inform you, that I have considered it to be 
my J)uty to omit the name of Mr. Justice Thorpe, in the Commission of Assize 
lately Issued in the Province, and the Kxecutive Council have unanimously S 
curred witii me in this measure (iXo. 1). •> 

That the progress of; one of His Majesty's Justices of tiio Court of Kirur's 
Bench, through the Provinces, in his routine of duty, should be dangerous to the 
peace of H'e t.olony, may indeed appear strange but it is most certainlv true with 
regard to Mr. Ihorpe, who appears to consider his character as a iudire but 
matter of a secondary consideration, and to bo chiefly ambitious of the chin-actor 
of a I' actions Demagogue. ^h.'iuliui 

In n.y Dispatch (No. 20) addressed to Mr. Windham, f inibrmed that, Minister 
of the dangerous tendency of Mr. Thorpe's conduct, and accompanied it by 
documents that would corroborate my Htat.^ments, and I beg leave to call Your 
Lordships attention to the papers which 1 have now the honour to transmit (No 2 
o, 4, 5, 0, 7). V • » 

The address and answer (No. (J) are generally believed to be the production of 
Mr. ihorpe no public meeting was ever held (No. 7). Sheppard and Montgomery 
the supposed Chairman and Secretary, are ignorant Farmers, who can hardly write 
their names. ^ "iitt> 

In order to give full scope to Mr. Thorpe's mischievous exertions, a Printinir 
^Hs hi'H been establish.-d by some of the most active Partisans, ostensibi v con.lucted 
by one Willcocks, a turbulent Irishman, whohi 1 found it necessary to di'sniace from 
hid othee as bhoritr. For the real motives of this establishmeni, and file HoHsons 
and views with which it is conducted, 1 beg leave to rel\"r to Papers (No 8 •» -md 
10) and though anonymous coinmunicatioiis should bo attended to with the .rro'itost 
caution, yet No. 8 being in this ease corroborated by Mr. Powell's lettcr"'No 10 
and the informutiou of a mtTchant of respectability in N(!w York No '» combined 
with the conduct of the Persons alluded to, leaves little room to Iloubt of the 
correctness of the information. 

Without knowing the full extent of Mr. Thorpe's improper conduct and only 
judging from what has i.assed in view of the Public. People of Property and resoec 
tabihty express their astonishment, that he should be allowed to continue in his 
present situation ; had I, on his first attempt to poison the min<ls of the lower order 
of the people, susi-endod him from his office, 1 conceive that I should have been 
fully ,u,t„HM|, but having laid before His Ma.jcsty's Mininier an account of fds 
conduct, 1 anxiously await their determination. 

1 have the honour to be, My Lord, 

With great respect, your mo.st obedt servant 

FRANCIS (iORK 
- J. J^t. Governor 



fl 



wn 



82 



CANADIAN ARCHIVES. 



I . 






IP's 





JUnclosures. 

No, 1, — Report of the Executive Council. 
(;;. 215.) 

York, July 4th 1807. 
May it please Your Excellency, — 

Wo have Attentively perused the papers which you hiivo been pleased to com- 
municate to us, relative to the conduct of Mr. Justice Thorpe, since his arrival in 
this Province. 

Upon consideration of the whole of the matter therein contained, it is with 
deep I'cyret we observe, that the conduct of that Gentleman has had an uniform 
tendency to degrade, embarrass and vilify His MajestyV- servants and Government 
of this Colony 

The discontents with the measures of this Government, which have already 
arisen, from what has been by him hold out to the lower classes of Individuals with 
whom he has had communication, particular!}^ in that part of the countiy where he 
has presided as a Judge of Assize, are too obvious to be concealed, what future con- 
sequences may follow, it is impossible to foretell. 

Under such circumstances, we do consider it expedient to omit the name of Mr. 
Justice Thorpe in the next Commission of Assize and Nisi Pi-ius for the safety and 
tranquillity- of this Province. 

All which is respectfully submitted by 

TIIOS. SCOTT -1 
* ALEX. GRANT I 

PETER RUSSELL [Executive Councillors. 
.ENEAS SHAW I 
JOHN McGILL J 

No. 2. — Judge Thorpe to Joseph Willcocks. 
CP- 217.) 

Dear Sir,— I this day .saw our friend Mr. Weekes deposited in the grave, this 
sudden and shocking catastrophe has shaken me much ; I have written twice to Mr. 
Wyatt on the subject, and can no more for my heart is wiung. 

[ enclose my answer to the London District, and sent you three addresses and 
three answers before by the Toronto, you will put them in the York Paper if you 
think it serviceable and in M'hat order and at what time you think best, but do not 
let any one see them except Mr. Wyatt; I am sorry this last address forced me to 
speak out, I have spoken truth, and at the same time avoided personal aspei'ity, 
which 1 pray I never will be driven to, for I am too heavily laden with a conviction 
of their iniquity to let me ^trike lightly. 

I have written to Mr. Wyatt to let mo have Mr. Weekes's house, and beg you 
would employ someone to get me a few Cords of Wood. Poor Mr. Weekes's willhas 
proved his icgard for the People and the Province; may his virtues he imitated and 
his violence be avoided ; his principles were admirable and his fate deplorable. 

Yours ti-uly with esteem and I'egard 

ROBT. THORPE. 
October 15th, 1806. 

P.S. I enclose the representations from the ojondon District, which you are 
not to publish, but keep for me, I only send them as the names of the Grand Jury 
are tliere, iimi 1 think you had belter put them to the addiess, which passed unani- 
mously but which might be doubted if you do not give the names. 

J)on't shew the representations to any one person. Much imputation is thrown 
&i!-ainst 3Ir. McKay, and it is wished Mr. Wyatt should direct every thing. 



NOTE D. 



-POLITICAL STATE OP UPPBB CAN.* DA IN 180G. 



83 



No. 3.— Judge Thorpe to Joseph Willcooks. 



(p. 219.) 



My Dear Sir,— Tho subject of our poor friend 



80 much on this niisorabi 



is PO ])ainfui and I have wrote 



id M 



event befoiu iw yuu mm jir. wyaii that 1 can no more 
except to assure you that ho fought and expired bravely 

I delight at your going to the Governor and speaking openly, but he will soon 
see thmugh these wretched sycophants, un.l despise their emptiness and vulgarity 

1 hope you will safely receive tho four addresses and answers, I t hink thev will 
have some good ottect with him, and you will tind ho will do nothing until 1 iro 
over, which will be, it it please God, on tho 25th of this month 

As to ropresenting the Homo District j have written fully to Mr. Wyatt and to 
him and yourself I have left to determine for me, on certain terms, I will' not -o 
among he peop e, nor keep open house for drinking, nor involve myself in expens^e 
but it the people chuse to meet, put me in nomination almost unanimouslv and 
appoint Committees to compleat the Election without trouble or expense I will -ive 
my time and labour for the public service and toil incessantly to muko them as free 
and happy as any nation on the Earth, my sentiments are fully known, I never will 
change them, but to be in the House of Representatives cannot raise me or serve 
my family, and the trouble, toil, anxiety and fatigue it must give me, will be immense, 
therefore surely, I ought to avoid it, and if I accept it to servo the public it must 
not bo by doing anytning derogatoiy to the situation I hold, or incompatible with 
my feelings and principals, I see every annoyance to mvself, yet altho' it may drive 
me rom the Province in six months, I do think I could^serve the Country, and could 
lay the foundation of future good, but my sanguine wish is that the Governor will 
agree with me, and in that case it is incalculable the advantage that may be obtained 
lou know tho persons that ought to be consulted, bring them to Mr. W'yatt and con^ 
sidor what IS best to be done, 1 will slave for the people, and if called into action I 
will hght to the stumps, but your friend is full, I hope, of high honour, proper pride 
and acute feelings, therefore preserve these, tho' I may be about sacrificing every 
comfort and every situation. ' *' •' 

I am anxious to send those tonight and can only assure you that I am 

Yours with the truest esteem ' 

October 16th. 180G. ^^^^- ^^O^P^'^' 

No. 4.— Chief Justice to Lieut. Governor. 
(^222.) 

York, July 9th, 1807. 

^ 1..^'*,'""^. '*"LV'*'' Potior with which you honoured me yesterday into the Hands 
of_ Mr. Justice Ihorpo. Afler a short pause, he said that he ought to obtain per- 
mission to return home an<l lay tho mutter before the King and Council 

I replied that you had no objection to that, and that you would give him leave 

of absence; I f^hen took out the memorandum which you 'gave me to that effect and 

read it Mr. J hoipe then requested that I would say nothing for some days on the 

subject, I said 1 would not but to you. J "^ 

I have the honour to be. Sir, 

Your Excellency's obedient humble servant 

THOS. SCOTT. 

No. 5.— JuDuE Thorpe to Chief Justice Scott. 
(;;. 223.) 

Dear Sir,— I must sacrifice my gratificatinn at the rJirino of duty tho s^^ato of 
the Province forbids my leaving it, the Lieut. Governor never can know it from the 
people he has about him, whatever he does must bo at his own peril; besides I have 
informed the King's Ministers that I am prepared to lay before the Council in 
hngJand against the Executive Government here, charges which could not be rebutted 

7a— t;j 



84 



CANADIAN ARCIHVES. 






3-et as I wish peaco I will not hurry in to it, wlion a change of isvslein cannot be 
cttoctod any other way I i do it, for a ciiango must he otrocted or tiio Province 

IS lOHt. 

Ah to the rc|)rosontati()nH aguinst me it Ih inanity I have done my duty strictly 
and iahorioMHly, and wiiat I have done out of the exact lino, [ have (iono'hy direc- 
tion ; I could induce much more jJcrHccution and quietly kcoiii it. Jt was lute wiien 
your letter came and I diMJiko detaining your servant. 

Yours truly 

HOHT. THOKPE. 
July Sth 1807 ) 

halfpast seven ) > 

No. 6. — Electors ov York to Judge Thorpe. 
(p. 224.) 

At a meeting of the independent Electors for t^hc ('ounty of York Durham -ind 
Simcoe, held at the Town of York, July 24ili 1807, the following address to the 
Honourable Judge Thorpe was unanimously agreed to. 

Mr. Joseph Sheppard in the Chair. 

RE.SPECTED StR,— With uufelgncd sorrow we learn that orders have been .nven 
to leave your name out of the Commission of Assize; by this the Eastern jmit of 
the Province will bo deprived of the instructive lessons flowing from your mouth 
while presiding on the seat of Justice; those philantliropic instructions which raised 
you so high in the esteem of our Western JJrethren, and from which wo have 
received the most essential BeneHt. By tiiis we fear vou will consequently be 
deprived of its attendant salary. But for this temporary evil, there is a remedy 
provided, and as an earnest of our attachment to a person actuated by such dis- 
mteresled and virtuous principles, wo humbly request you to accept a sum adequate 
to that which you lose by espousing our caii^e, and exerting your noblest powers in 
asserting the rights ami defending the privileges which ai^e allowed us by our most 
amiable and truly beloved Sovereign. 

As we his .Majesty's loyal subjects, have not received any intbrmation for wlwt 
cause, or reason, such orders have been issued, we think "it our duty further to 
assure you, that if any attempt should be made to take away or lessen your income 
we shall willingly contribute (and we are convinced that his Majesty's subjec ' 
througliout the Province will coincide) to alleviate the sufferings of you our bene- 
factor, who have since the moment you landed in our jirovince, laboured with inde- 
fatigable exertions to establish in this distant part of his Majesty's dominif)ns the 
Constitution and Laws of our Mother Country. 

We earnestly entreat that nothing may tempt you to leave us, as our dependence 
IS placed on your uprightness and perseverance. We beg leave to offer you the 
warmest assurance of our regard, and to implore you to guard against any insidious 
attacks, for in a private as well as a public situation your life is 'most valuable. 

ALEXANDER MONTGOMERY 

Secretari/. 

To whicli his Honour was pleased to return the following answer: 
Gentlemen,— I must be devoid of feeling to he insensible to tiiis kindnes'^ I 
thank you from my heart; but the Oath prescribed for n Judoe precludes the possi- 
bility of my accepting your liberal present. I was informed bv the Chief Justice 
that the Lieutenant Governor liad directed my name to be omitted^'n the Commission 
of Assize. By what legitimate authority such an unprece.lerted power could be 
exercised, will be for his Majesty's Minister to determine. To me it is of little con 
sequence, hut through me, the rights of the Justices of the Court of King's Hencdi 
are aflected. When first honoured with a seat on that Bench, the Jud<--es volun- 
tarily became sponsors for my acquirements. Since I attained that ap'pointment 
(now about five years) a decision of mine never has been reversed, nor have I ever 



NOTE I). — POLITtCAI, STATE OK UIU'ER CANADA IN 1800. 85 

prosMori in my Court without rocoivinfr tho wiirmortt docliinUion of public Hiitis- 
faction. My conduct has boon approved of hy tho Socrotary of State, an<i my JMbours 
rewarded by my Sovoroign. ThoHO (with the ttattorinir oxpoctation that I poH»e«s 
the conhdoneo of (lio Province) are tho proud circum«tancoH on which I rest the 
high ground on whudi I am elevated boyond tho roach of detraction. ' 

i will conlinuo my exertions until you obtain every immunity our munificent 
Monarch bcHtowod. I pledge myself for tboir rapid approach, anticipate the 
arrival. Lot uh coimtantly unite hand and heart, with a tirm determination to stand 
or fall with droat Britain, it iH wisdom, it is virtue, it is security and glory. 

I am, (iontlemen. 
Your very truly obliged and 

Obedient humble servant 
.Si'RtNOKiELD, August 1st 1807. IlOHIORT TIIORPI']. 

No. 7. — FllEEHOI.DERS i*CC. OK YoRK. 

(p. :}28.) 

Wo the undei'signod Kreehohlors, Electors and Inhabitants of tho Town of York 
uiK Its \iemity, weighing tho Violence and Indignity offered to Truth and the 
l^ulj ic and oui' individual feelings, by the publication at Niagara in a I'apor calliii.- 
itseU tho Upper Canada (iuardian of a mooting s:iid to have been held in tho Town 
of Y orlc on the 24:th of .July last, and of an address to tho lionblo. Mr. .Justice Thorpe 
stud to have boon formed at the said Meeting by the Independent Electors of the 
Counties of York, J)urhain and Simcoe, do solemnly declare that we do not know 
anything of such meeting, That wo did not hoar of the intention, or taking place of 
any such meeting, and that after a very diligent on(iuiry, we do not believe such a 
meeting was over contemplated, or did take place. 

(liven under our hands 

York, 15th August 1807. 

No. 8. — Anony-Mous to Hon. .Iohn McGill. 

('I'lic fciot iKitcH .ari' liy fjt. (iiivt-nior (Jiirn.) 

New York .June 17, 1807. 
(p. ^2d.) 

SiH,— Although tho writer of tho following communication has taken the liberty 
to address it to you, and for pecuiiai- reasons deems it expedient that his name 
should not at this tune be known, yet it is hoped that circumstance will not so far 
operate as to render it unacceptable or unefHcacious. Suflico it to say that he is no 
stranger to the measures, or to tho Policy which dictates those measures <,f His 
Majesty H (rovornment ; nor is ho ignorant of the true Interests of the reoi)le of the 
rrovince of Upper ('anada. 

The perturbed state of the public mind in the Province has been produced by 
causes as well understood by His Excellency the Lieutenant Governor, as by your- 
sdf, Ihe continuation of which state of perturbation is jiromotod by a man high in 
office, who forgetting tho Duties imposed on ..:m from the very nature of that Office 
has evinced a total dereliction of every principle of honour and virtue! ' 

m, '^^^'^. ";"*'^'^'o« which actuate tho writer, it is hoped may not be misunderstood ; 
Ihey originate from a desire to promote the well directed views of his Majesty's 
Covernment and to preserve to the People of the Province of Upper Canada Those 
rights, privileges and advantages which they really do enjoy but which th'ev are 
blindly about to part with. " 

Accident has lately led me to become acquainted with the views of a certain 
character*, who not long since held an official station in tho Province, and his views 
bomi: those of tho first mentioned character, it becomes a matter of' moment, that 

an an attempt to revclutionize 



they should be displayed. They are nothing' loss th 



the! 



i-F 


■" 










i 


*- 


if 






\ 


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rovince. 



'.r(is(.|>ti Willcocks .1 Ignited Iiishumn and l.atflv u .Shei-iff. 



86 



CANADIAN AROHIVBS. 






The KiiKino to lio made iiso of to cany this (.l)Jocl into olloct, is a tVoo I'reHH as it 
IS called; a coimoxion has hocii ionn'd in this City hotwoon tho K.iitor ot'lho Guar- 
(jmnan. sovoial Prii.tors aino/.j; whom, tho K.iitor of iho CitLy;n and lienublimn 
»Va?(?A /OHW wiioKOMamoisOhoothamisono. Tiie rharactor of thiw man is nolonoiis 
us imminil to iho Hntish (Jovoi-nmiM.t, his onm-^rios will ho on.nloyM i,, supnort of 
this ,m,„'r callod tho Guardian. Tho aliia.ioo mado with Kdiioi-s of an onposito 
jmlUioal charactor.H iritondod as a maiillo, to cover tho roal dosicrn. An intorchantro 
ot sontuncnts has lakon placi. botwcoii tho l-Mitor of tho Guardian and Kmn.ott and 
the lliliorman .Society, alias the Society of United irishmen, and much strentrth is 
e..pocted to ho derived from the connection. 

The People of the Province iiave hoen reprosentod to ho on tiio vorL^o of Uei.ol- 
lion.i- their (.r.eyunces l.ein- loo ^roat any lon-or to ho born.^ all arisin.' r,,,m the 
Ivrannyot IIisMajeslys hxocutivo (rovornmonl. That thev, Tho People," would ore 
on,i;, seize upon I ,s Kxeelloncy's Person and tho other ohnoxious OtHcors of' the 
brown and ship them otf in Irons— if not worse. That tliis was ii,e plan a-recd on 
&c. Ihe yioloneo of sncii lan-ua-r,. luiturally excites a suspicion of M,o sti^iiL'th to 
execute what mi^'ht ho wisiied, and conseciuently not doK'rvihir of notice Still it 
may he iMiportant that t ho extent of t he views of'The Party should ho known There 
"•m bo hut liule douht, that Disorder and (Confusion are tho first objects it. the nur- 
uit, (or tlie qiialiticatioii of personal ambition or som(> other worse passion 

iho prime actor in this scone, it is to ho presumed, receives his Instructions 
troiii asource.t as powerful almost, as it is inimical to tho Interests of (iroat Britain ! 
Iho writer is indiicM to communicalo from the attachment ho feels to His Majesty's 
Coyernmont; to J is Kxcollenty, the F.ieutenant (Jovernor, us His MujostyV Konro- 
sentative, and to the Interests and Welfare of the I'eople of the Province at lamo 
Ihe relation in which you stand to the (iovornmenit will plead my excuse for dircvt- 
iiii,' this to you, and throuirh you to His Hxcelloncy the Lieutenant (lovornor Should 
wlmt las been wiitteu prove in any de.irree useful to His Hxcelloncy imlividuullv or 
to tho (.Tovernment in -enoral. then will l)o Kraiified the wishes of His Kxcellenc'y'B 
and your most obedient and most humble servant, 

FIDELITAS. 
No. f). — Anonymous. 
{p. 2X1.) 

A certain Person dismiss'd 6ome time since from Public Office in the Unner Pro 
vince, passdafow weeksin this City in u Society famed for its turbulence; both 
toreignors and natives residing in this City and in the Western part of the State 
contemi)late a Relorm in the Government of tho Upper Province. The Per.son 
alluded t.) returned u few weeks ago with Printing Press and Press Men; a commit- 
tee of correspondence is formed, which is to prepare tiio winds of the People in this 
i>tate for some ^rmt change. The Information recommends tho most cautious silence 
to be observed but a strict attention to be paid to tho actions of some inflammatory 
characters. More on this subject is promisetl. ^ 

New York. 

. „.. s ■^"- 1<^— -^o'lN PowKLi, TO Lieut. Governoh Gore 

(p. 2.U.) 

Sir,— I liave the honour of sending for your Excellency's information, the fol- 
lowing extract of a letter T lately received from my Brother residing in the United 
Sta es. I understand that a man named Willcocks has been in this neighbourhood 
with a prospectus of a Gazette to be published by him at Niagara, which he openly 

dec ares to be under the protection and controul of Judge T -, professedly for the 

laudable purpose of revolutionizing the Province; he told a friend of mine that ho 
expected to be stopped before six months." 

I have the honour to be, with great respect, 

Your Eseellency's most obedient servant 
RA, August lath, 1807. JNO. POWELL 



Nr 



Mr. \V\:itt"s stiUfiuent Imiidod .iIhuu at Xcw York 
I AH''|."xecuth^'''ammim.r *^ " ''"'"'"'•'h""'" ''•"iJoyed l)y th,. Cabinet .,f St. Clo.ui. 



NOTE I). — I'OMTICAL 8TA1E OV UPPER CANADA IN 1806. 87 

No. ;{4.— LIKUT. GOVKRNOR (lORK TO LORD CASTLKREAGH. 

(Canadian Archives, Series Q., Vol. ."HO, p. \ft.) 

York, Upper Canada 14th Novomboc, 1807. 

My Lord, — 

* * 5f: ;i« * 

In obcdionco to your rjonlsliip's cominiinclH, contiiinod in your Dispatch No. 2, 
T (iiroctod a nimponHion fn>m llio otHco of ono of ilio Jiidf^'OH of llio Coiift of Kinf,''H 
Hoiicli in IJppor Ciiniidii to ho doiivortsd to Mr. Thorpe, to^rolh«)^ wiili an o.xtiact 
from tilt) l)isi)at(!ii of siicli jiart aH your Jjonlsiiip was ploaswl to doHiro ini^'iil bo 
coinniuhicatod to tliat j^'cntUiniaii. 

I rannot iiol|) ontmtaininK tlio iiope that tho rnoaHiiro which has tlins been 
adoptod, howovor ))ainfiii, will liavo tho most Halutary infliioiK!*! in prevonting tho 
further i>ro;,'reHH of that .spirit of ('([uaiity and want of Miibordination, which too 
inuc'ii prevailw ainonf,'Ht the Lower RaidvH of this province. 

IJeforo tho Official Notification for Huspondinic -Mr. 'I'horpe arrived, he was 
uwuro of his fate; indeed Mr. Justice Powell, with' humanity and with my perfect 
approbation, communicated to Mr. Tiiorpo wliat he had heard when in England 
respecting him, 

I should not have troubled your Lordship with tho result of that communication 
(A), were it not that Mr. Thorpe positively asserted, that what he had done was by 
direction of the Secretary of State. 

With regard to the changes whieh Mr. Thorpe mentions respecting the mem- 
bers of tho Executive Government, thoy are ready, anxious, and 1 believe able, to 
meet them : I say this with little hesitation, as such cliarges must necessarily refer 
to transactions which took place previ(jus to my arrival in this I'l-ovince, and which 
I cannot personally be interested in. 

With resjioet to Mr. Thorpe's pecuniary embarrassments, it was signified to 
him by my desire, that tho means shouiil bo furnished him to enable him to leturn 
to England, for which purpose I hud directed the Receiver General to advance him 
Two Hundred pounds on his Bill to bo drawn on the Golonial Agcmt, and it was 
further signified that he might obtain my leav(^ of absence from the Province before 
the ordei- for susponsion should be received ; these oflbrs weie refused. Mr. Thorpe 
did leave tho Pro/ince before tho suspension could bo deliver'd to him, but it was 
altogether without my knowledge or leave, not however until ho had published an 
address in the newspaper (B) mentioned in the communication with Mr. Powell. 

Tho last observation with which I shall trouble your Lordship is this, that if 
Mr. Thorpe is permitted to state any particulars relative to the Government of thia 
Province, ho will probably call n. a Mr. Jackson, now I believe in England, to sup- 
port his charges. I have only to refer your Lordship respecting this person to my 
Dispatch (No. K!) and to the affidavits transmitted (No. 22) where the conduct and 
character of that person is mentioned, and further that I believe the cause of the 
hostility of Mr. .Tackson to the Executive Government arose from his being refused 
a quantity of Land, on account of his improper conduct. 

I have the honour to be. My Lord, with great respect, 

Your most obedient and most humnle servant 

FRANCIS GORE 

Lt. Governor. 

(A.) 
W. Duslmer Powell to Lieut. Governor Gorb. 

(> 19.) 

York, 26th October, 1807. 
Sir, — Your Excellency having intimated a wish that I would avail myself of 
any good opportunity to communicate to Mr. Thorpe the Information I had received 



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88 

<nim .Mr. 
t'roiu him 
tioiiH I hIi 
Htaiicc () 
KxrolloiK 



OANAUIAN AUdHlVBS. 

Coiiko liolhro I loll, KiikI"i»I, I looU uilviiiitu^o of tho iwoint of i 
(i> t>x|v.s(« inyMoll'loiin iiih«rvi.>w, wliidi (.iIi.m wiso liom viiii.>UH, 
"iil.l h.-ivo nvoi.lod. .Myninl Lroii^lil liim U) my ohiimiioiH iiml 
I whiil |.;ish.m1 III llinl liiloiviow 1 liavo tin, honour to hi.hmit 
'y'H »:;*ormiUioii in iho piipor oiuilosod hcrowilli. 

I huvo llio hoi\our to l»o numt, roHpoctlully 

Your K.xcolloiiov's OluMlioiil, m-rviuit 



ho loltor 
iMirtidora- 
Iho siih- 
for ^dll^ 



Suhstaiu-o (.fwhiil lm^-Ho.l al tin Intorviow with Mr. Thorno au VVodnomhiv liUrul 
Uotohor. ' • ' 

Al'lor .•(mimoii|ihioo impiirios and anHWorn on iho HiihjocI, of mv son, I tohl Mr 
lli"r|.o thill hMoro I Ml I'lnKhin.l, I had lonrnod from Mr'. Mon.l thai ho waM nupori 
Mxl.Ml, ilml a low dayn hofoio my doparii -o. Mr. Cooko iindor Moorolarv ol'Statohad 
o .mnuinioaUMl l,. mo part ol his (Mr. ThorpoV) lollor lo Sir (;o..r«o Shoo and his 
(.Mr ( ookos) pnvalo loltor in ans'vor, oommunioatin^r l.is Majosty's pk>a'suro that, 
ho shnuh ho romovod Innn his Hitualion in ihi^ I'n.vin.'o. That having (dmorvod in 
.Mr. I. s i-Mlor to ilu'.Soorolary a iiint thai Ids ond>arnissnu«nls miirjii i)rovonl. him 
Irom loavin.sr tl,o I'rovmoo. I Ihoiiirlit il nuKlit ho .sorviooahio lo him lo ho ao(nniinlod 
Willi Iho ovoiil .)l Ills coirospoiidoiioo with Iho Soorolary olSlalo's OHh'o, holoro Iho 
arrival ol tho Atlornoy (ioiioral with Iho Oitloial Dispat.dios should hint ahoiii hin 
diMnissal and o.\p,)^o his poison oiiiior in Iho liowor I'roviiiro or Iho U S in any 
allompt lo^ol lo iMi-land. 1 addod Ihal Mr. Cooko had lol.i him Ihal i.l". Castlo- 
ivai;h would not wiihsUmdiri; oiidoavour to do somolhiiij!;- lor him if .Mr T put il in 
his powor l.y propor ooii.luol. .Mr. T. roooivod this intwriualion withoui 'siiri.ri/,o 
us il It was not now lo him, hul addotl Ihal Mr. Wvall had assurod iiim that Ihooon- 
sidoratioii ol Iho husinoss was jiostjionod. That ho oould nol Ik- lomoyod wilhoiil a 
hoiiriny; holoro Iho i'rivy Counoil. 1 (hon monlioii.-d that Mr. Conko's loltor would 
iMlorm him that Iho nioasuio had hoon adoplod ,m his own oommunioalion Iho 
violoiuo and iiidisoroiion of whioh loft no allornativo hut to rcmovo him or Iho 
wholo Kxooiilivo (M.vornmont of Iho I'rovinco. Mr. 'P. tlion sai.l il was lutCully dono 
l>y hd. ( astloroa,i,di lo lako Iho moasuro upon himsolfand savo Mr. (ioio tho odium 
ol a suspoiiMoii. ami thiil ho was not sorry lor it in ono rospoot jis ii miLdil sorooii 
Inm and tlu- wiolohos mIhiuI him from tho indinnalion of iho pooplo. Ilolhonaskod 
mo II I know wiial was moanl hy propor oondiiot for him, thai ho had done nolhiuL' 
I'Ul hvdiroolionlrom tho Soorolary of Sluto mid if it, was oxpoclod thai, ho should 
vft.y I'-oin his oharijos ai^ainst iho Counoil lioro. it was in vain whuf thon oould ho 
(to. 1 answorod thai Iho purport of tho oxprossion appoarod to mo a caution lo 
m-oivo his dismiss;, with .iisorotion and roly upon his frioiids in Huropo to do «omo- 
hinjjl.ir him, and I thon-hi ifho w..uM in oonlidom'o ask iho Lieut, (iovornor for 
loavo ol ahsonoo holoro tho moasuro hooamo piihlio. Iio would ohtain it an<i lhom.>Mns 
ot convoying hinisolf lo Kuropo. Ho said t/utf ho would novor do. I .d.sorvod that 
1 was sorry to soo so muoii iiritalioi, occaNionod h\ Iho newspaper puliicalions llo 
aiisworod thai tho i.oopio wore driven t-.lho moasuro of acminlrypapor ; Ihal ho him 
soil liml twice >oiii ooinmuniralions to iho Gazette, which Iho prinlor roioolod as ho 
s:nd. hy onlor Irom Mr. llalloii iho Lioutonant Covcrnor's Socrolary ; that such oir- 
o;;mstanoes and the jrr()ss abuso by tho (u.voriimont press of oortain Individuals, 
(spooityino; Mr. W illoooks had induood tho Kslahlishmont of anothor Mr T 
ivpoatodly askod mo wluxl ho c..uld do lo mo;>t ti oxpoclalin,, of tho Minister; that 
It ho was dismissoil tor ohoyin- his orders il was hi-hly unjust and that as ho had 
advanced nothini.' hut Tru-.h, ho shoul.l never depart ir.m.' it ; that ho louml fr.un 
MV. Uyatt that the ijrouml assi.irnod for suspending him and iho only one dwelt 
up.ui hero (DisolK'dienoo of Orders) wa- not oven made an article of e.miplaint to 
IhoSocrelaryot Slate and repeated that he oould not ho di-^missod uidie.'ird ()., 



leaving mo ho said that ho should 



pose ho \vould reconsider the advice to ask 



CO me again in a manner which led mo 1 



O HUP 



leave ot ahseiico. 



N(>TK l>.— I'MMTICAI, MTATK oK IIPI'KK CANADA I J ISOO. 



89 



Al.l.llKrtM IIV .llll.dl.; Tlloill'K, Ti> TIIK l''llKKII.il,l>KKS OK YoRK, iVc 

To Iho Krool.oM.wH of l,h,. KiMl Ui.liMK-.f tli., (N.mily of V..r|{ un.l oC il,,, CoiinlUm 
ot Diii'Imiii uiiu Hiiiiuoo. 

'Iknti.kmkn.— \Vh..|. you ..ull.^.l on mo i<. io|.ivhoiiI yon in I'lirliunioiit, I »nMWowl 
l.iit il yon pluccl mo in llio II.. mho of AnKomMy, I wouM .liHcj.mLr" my -Inty tiiiUj- 
liiLy ; l.nl, ! iim now linrrioil to l-lnKJaml, from tl.o uu,hI iriHJdi.MiK miHn.;,rosont.ation 
of inyo.mdncl, ImvinKiii.lnoo.l Iho Socroliiry ofHOilo (o .i^rnify U\h MajcHiy-H ploasuro 
loNiiHpond inolroin my jn.lici.il Mluiilion in ihis I'rovirico. I'lowovor Iho'nol'io Lord 
J'l <ho l.oa. ..( Il.o (ul.mial l).«|,ailmoni, in aotnalo.l hy Iho ImkIiohI, HontimoniM of 
honour, ami li.r Hlriclosl, princinloH of jUMlioo; llmrofoio tn.tli, lil<o Iim diviim rod of 
Aar()n. will ipnckly ovoroomo iJio macliimitionH of the Mn^ioianH. 

'Plioni,^! wrolchod, ovon loaKony, whilst nmlor ij.o HliKhtoM impululioi, yot 
your wolfu.o your liappin.-HH and iho prospo.ily of U,,, I'mvimu., «l,ali ..„mnro' my 
iilfonhon and animalo my oxorlionH. Tim ohjoolH doarost to ,n.^ in lifo I loavo 
iHd.iml— that wlind. in doaror than l/ilo{my llom.ur) I haHJcn to -lofond ; Imt, if it, 
pl.^aH.-M tho Almitrhty to favour and pr.dooi mo, my roturn Hhull ho as rapid m my 
iloparlnro was lUK^Kpi-clod. ' '' 

I am, (lOMllomon, 

Vour ohliif(.d, ol)(«litMit and vi'vy humhio Horvant 

XT vr . .r. JtOMIHiTTIlORI'l':. 

NiAdAiiA Nov. 2, 1807. 



No. 35.— .lUDUH TJIOUI'K To SIR (IKoRiiK SIIKK. 
(.Canadian Arrkwen, Serita Q., Vol. liU), p. ;J4.) 

Dkau Sill (JKon<iK,--Ymi w(mld pity from y.mr heart tho ^rroatcnt enomv you 
ha. oond y..u hut noo him in my sit,uati..n, surruur.d.-d hy tho vilost, miHoreantH .m 

oarlh, who havo ^r„,.^r,,d th.'mM)!vos <,n tho plnn.lcr ..t ovory" l)..partm.ml, arid H.nmezod 
ovory Dollar .ml ..t ih.^ wrot.d.od Inhahitants, who havo lontr Htunt.Ml th.. LT.IwIh of 
tho pn.vin.H) an.l huvo n..w .Irivon it I., iho v.m.i^'o .,f i iiin ; thov hav., put up mikI put 
d..wn whom thoy ploasod, .t m.w thoir wh.do for.o is H.jt a^aii.iHt m.', l-ui I will d., 
niy .luly I.. lMi-lan<l lo tho C.lony, t.. your palronaj^^o .y^ (o tho roo..mmon.lati..n of 
hat .l..parl,.<l tiu-nd that Horit mo to your .mro, ll../ I saoritico my lifo, my wilo .<: 
niy li.'lploss .•hildron, Tho miscivantr. c..ntond for monopoli/.ini,' one hnndrod 
fhousam ayoar trom iMiKland, whicdi th.-y hopo to orjoy, until thoy ioso tho I'ro- 
vineo. I o..ni..n. h.r Having that sum to Ki,-land, lor" pioMMvii,i,r u,,. l>,,,vinco .\: 
making It valual.lot..(Jt. Britain, y.'l I w.m.lor at my .nvii porsovoran.u. for I havo 
o(mtiiiuo.l roprosontin..' in vain. I slato.l how nooossary it was t.. havo a sensihlo 
Htoa.ly Kt'ntlomanat tho hoa-l ..f ihis (^ovoriimonl, and thoro como.s out a violont' 
empty soUsulhouml Major of Jlors... with ail tho ideas of Military subordination' 
and tiilly porHuadcd hocan f..rcodown tho po..i.le and roi-n absolnto. Th.' shon- 
ke."pors that have surronn.lod him from Halifax to 'iuohoc,t.. Montroal.to Kir.L'ton 
to ^oik, to Nia-ara, all tiattor and infiiHo thiH,.it is th.« food of vanity, and it in the 

Hupporl oMli..ir..wn powor and ra,.acily, he oh not rclloci on tho diHlaiioo from 

lMi,!<lan.l, an I tho continuity to the .^tatow of America, that wo havo no oppresHod 
lonant.'y ..r oppressod (armors, hut that every man Hvoh on his own ostato ct is 
mdopondent th.»' with.mt a Dollar, thai thoy are a hanly .-xperionoo.! sot ot 'men. 



th 



intrv 



low it rapi.l. 1 ;ils.) mado ovory ro| 



iiw_ imt 



Uivor narrow, -lial- 



)rosontali.>n airaiiist Mr. .Scolt".s hoini; chief 



justioe yot, hocanso ho was tho Attorney to tho merchants" in L.'.wer ( 



loy maih' ovory oxoition ami by (1101/ friend & protector Sir W.t 



Ma.ftor .)f tho Hoils, Jjd. OastloroaLrl 



Canada, 
trant, the 



1 iH provuilo.l on t.i place him at (he head 



r '^' 



90 



CANADIAN ABrniVEH. 





of tho Kinj^'H Honch and now tho only Htop wanted in to ^ivo him the Chancery and 
thoM the property of half tho inhabitantn will bo Hacrifiml to the Merchants. I 
stated that Mr. Mdiill had boon tho chief laiieie of discontent anutni,'8t every order 
of porsonH from hiw conduct as InHpector (Jenoral; yet tluM in tho nian who directs 
everything', and followH up the old system with oppresMvo violonco, and the^^o men 
are perfectly inefficient for business or exertion ; one was lately a preacher, tho other 
a earpontei-, they are snpportoil and support the Storekeeper AriHtocraoy, that is 
Huffloient, and, could I submit to say, plunder, prosper and may the province perish 
I would be esteemed a little ^'od. I have said all that I could say, and shall only 
trouble you with one letter more, which I will send after tho House of Assembly is 
prorogued. Mr. Wyatt the Surveyor (fonoral is u;(>\u^ home, ho can give you a full 
and tni<( statement of ovorylhinir, he is a most honourable and steady (^onMoraan 
tho Goveinor was moan enough to sot a trap for him in his own office, then he pro- 
ceeded to bully him, and concluded bv asking his pardon. I must now proceed to 
give you some more hints of his character and conduct, tho Election of which I 
informed you in my last was delayed oven longer than tho Law pormitte<l, the Lt. 
(rovernor & Storekeepers with all iholr force against tho people, every species of 
undue influence, bi-ibory, coercion and oppi'osslon, was used by them, tho Lt (iovernor 
himRolf demeaned- by trying to seduce both high & low. I never asked a vote I 
never loft my house, they brought me to tho hustings, the Election lasted a week' I 
was returned by an amazing majority (altl.o' 1 requested the people from a distance 
& tho aged might bo prevented from coming) tho people returned in triumph 
execratmg the Governoi-, in truth there never was such unconstitutional and such 
illegal proceedings experienced before, [n my last letter I enclosed you an address 
to me from the London District, and my answer which that extorted, tho Lt. Gov- 
ernor thought ho would induce the Grand Jury to recant and ho had them called 
together for the purpose and I now send you their reply to him, which enraged him 
so much that he sent them word if they did not recant they should lose their half pay 
(for they are mostly old officers) but this did not avail' for they said they would 
sooner go to labour and hew in the forest ; this will lot you a little into his conduct 
& also (with the Home District address which I enclose) into some of the grievances 
of the people. But even tho Agricultural Society, which I have laboured to promote 
as the means of promoting the culture of Hemp and doing an infinity of good he 
18 at this moment privately trying to overturn. The Liberty of the press he has 
destroyed, nothing can be printed without his Secretary's leave, but everything 
violent to enrage the people is pointed, as you will see by enclosed address fromtheir 
candidate Mr. Gough (which the Secretary sent) and tho reply from Electors which 
he refused to be printed, but this is little to what is done, even power dares to 
approach the King's Bench ; but I must refer you to Mr. Wyatt & not trespass longer 
on your time. This Province lookt; to Mr. Windham for redress, and if he does not 
do It quifkly all is lost; I only bog and pray to be placed where I can be useful. 

I have the honour to be 

Your ever obliged 

EOBT. THORPE. 

P.S. I enclose a letter 1 have just received from Capt. Brant, which will show a 
little of the Indian attachment to tho Government. Tho Indian Department enriches 
some Individuals and to dissatisfy tho Nation. 

I have this moment heard there are emissaries out to rise tho people, that some 
advantage may be taken of it for misrepresentation, and I believe it, because I know 
them to be only capable of vicious cunning. 

Enclosures. 

No. 1.— Grand Jury, London District to Lieut. Governor Gore. 
(p. 40.) ^ 

To His Excellency Fiancis Gore Esq. Lieut. Governor of the Province of Uiiper 
Canada &c. &c. &c. 

We the Grand Jury of the District of London sworn at the late assizes holden 
in this District, in compliance with your Excellency's request in a letter to our fore- 



NOTE D.— POLITIOAr. STATE OF UPPER CANADA FN 180»>. 



91 



man, hiivo uHHoinhlod and bog loavo to Htato ihv foUowiii^r uotH, beii.L' tim paiticnlar 
oiiOK allmled to in that port of our addioHH to Mr. JiHtico Thorpe, which vour Kx- 
coiloncy has l)»)on ploasod to notico. 

The Hrnt and moHt principal thin^ wo had in view, and to which wo icquoHt to 
call your hxcoliency'H atteniion, in the untbrtutuite situation of these American 
LoyahstH who were prevented from coming to this Province before the year 1798- 
Ihe precludmj,' them from enjoying the benoHt of his Majesty's bouniv and the 
rewards lie was frrnciously please.! to promise them for their"Loyaity,Hut!erin"H and 
losses and which wo humbly conceive, waH ever ids intention "to bestow has^occa- 
Hioned many compUiintH; and wo think thev are not without sonic cause more 
ospecially as the Loyalists were never notitied that they must exhibit their chiims 
tor Land within any limited time, and as it is conceived and is also the prevailinir 
opinion that this restriction was atfected bv the Executive (iovcrnment of tliis Pro- 
vince, without t!io immediate direction of llis Majesty, and oven should the sanction 
ot his Majesty have been obtained tor this purpose, we are led to believe, that it was 
done by a representation made to him, in which the situation of this counirv and 
the Loyalists was not truly stated to him. The disi.f^'reeable situation in which this 
restriction bus thrown a number of those unfortunate yet deservini,' class of subjects 
your Kxeellency will easily conceive. And when wo inform you that many of them 
on their arrival hero with the most haii^uine expectations of meeting the fuKiiment 
ot his Majesty's promise, were not able to pay the fees exacted, and consequently 
were prevented from ,1,'etting any Land on any terms, were driven to the necessity 
ot labourin^r upon other people's Land and of settlinir upon tlioso (Government 
reserves f„r the possession of which they have no security for a Um'rov time than 
twenty-one years. Your Excellency, wo trust, will conceive with us that the com- 
plaint 13 not without grounds. 

The first thing which we bog leave to point out to your Excellency, as a subject 
which occasionod many complaints and the injustice of which we also conceive is 
great, in the mode beiotofore practised in suspending certain persons from the UE 
List whoso names had been previously inserted thereon ; this in many instances 
has been done, without giving the person concerned an opportunity of proving that 
he was entitled to bo continued on, upon mere ex />arf« evidence, or without any 
evidence at all that the name of the person so suspended had been improperly 
inserted. This has often occasioned much serious inconvenience and oxnenco to 
those untortuiiato individuals. 

Another thing we wish to mention to your Excellency, which has been a cause 
ot complaint is, that many Loyalists and others on applications for Land at an early 
period, were granted Minutes of Council for a certain quantity under the regulations 
of SIX pence per acre, that they were not informed there was any order existing (if 
any di<l exist) which compelled them to locate within any limited time, or their 
Minuttvs of Council were void, and that they conceived the faith of Government was 
pledged to them for so much land as they were then allowed to locate on such terms 
as were therein specified, but from inabilitv to locate immediately fm- the want of 
pecuniary means, they went homo satisHed that when they should by their industry 
be enabled to obtain what money was necessary to pay the six pence per acre they 
would bo allowed to locat\j the quantity formerly granted; They were told on appli- 
cation tor that purpose that they could not act upon the Minutes of Council they 
then had, and that they must petition Council again and should any land then be 
granted, they must pay instead of six pence eight ponce per acre and this money to 
bo paid within three or four days and before the applicant knew where he could 
locate his Land. There has been also many applications for leave to locate Land 
in certain Townships where the applicant resided or wished to settle, but were 
refused under the pretence that there was no land vacant in those townships and 
the applicant obliged to lake his land in some distant part of the province where 
perhaps it Would not be worth the fees to bo paid, afterwards the 'same lots that 
had been particularly applied for, have been given to some more favoured applicant 
and also much other Land in those Townships has been granted to persons who 
never had seen it, and probably never will, by which means (independent of the 




i 



} : 



i 



Sl LiL. 



r 'ii- 



u .'• 



92 



CANADIAN ARCHIVES. 





partiality) largo quantities of Land in this province lie waste, which oihorwise 
would bo 111 a state of cultivation and attbrding some industrious man subsistence 
lor his lainily. 

The appropriations of certain moneys voted by the Provincial Parliament for 
the purpose of laying out and improving high ways and roads have atlbrded anothei' 
subject ot complaint; it is conceived that this money was intended for the com- 
munity at largo and for that purpose it was ,,luced into the hands of the Kxocutive 
Orovornmont, by which it was allowed to bo laid oui rather for the convcniencv and 
beneht of an individual than for the general good. 

We have thus above stated to your Excellency the most prominent Acts that 
occur to us, and to which we alluded in our address to Mr. Justice Thorpe ibelihir 
and knowing as we do the operation of these acts, induced us to say, what in reality 
we meant, that we hopo:i under your Excellency's administration a change of such 
measures would take place, and that Justice would extend its influence pure and 
unmixed. Convinced that it was ever the intention of our beloved Soverei'rn that 
equal Justice should extend, and that our oxcoUent Constitution sholild be 
impartially administoix'd to his subjects of every description, it is with real regret 
that wo land ourselves under the necessity of observing that we are apprehensive 
those gracious intentions have not in every instance in this Province boon strictly 
adhered to; and wo will conHdcntly add, that while one Loyalist is made a partaker 
ot his Majesty s bounty and another precluded from enjoying the least reward for 
his long and faithful services; another after having been considered a proper 
subject tor his Majesty's promises to extend to, is suddenly and without his know- 
ledge deprived of those benetits which he expected wore insuicd to him • \nd 
others alter having been promised land on certain terms, without ever' beino- 
intormed there was ai^y other condition annexed to it, are told that the >)romise 
had become void, and while one man is refused Land in certain situations under 
the pretence of there being none vacant, another is allowed whose claims are 
intriiiMcally no better to take up those vin-y lands; an<l that while our public 
moneys ai-e appropriated to accommodate individuals without regard to the niblic 
good, welear that complaints will continue to exist, and that few can say ". Justice 
extends its influence pure and unmixed." J)eeply impressed ourselves 'with the 
most lively sentiments of respect to our Sovereign and sincere attachment to our 
most excellent Constitution, we fool anxious to see such measures pursued as will 
tend to conciliate the regard of his Majesty's subjects and strengthen their attach- 
ment to the (jovernment. 

We beg leave to return our most sincere thanks to Your Excellency for this 
oondosconding mark of goodness in thus inviting us to lay before you our "riovances 
with the assurance that they would claim your attention. And we also bc^ leave 
to assure 1 our Excolloncy that is with real reluctance wo trouble you upon rTubiects 
ot this nature, and that we shall ever avoid doing it, excepting when we think we 
have complaints that are serious and well grounded. 

It is with pleasure we observe that the situation of the Loyalists in this 
i^rovince has claimed your early attention, and we earnestly entreat Your 
Jixcellency s iurther consideration of that deserving class of subjects who so well 
merit your humanity and attention. 

We are with sentiments of respect 

Your Excellency's most obedient Humble Servants. 

ClIARLOTTEVILLE 

1870. 



ll 

,3 



No. 2. — Joseph Bbant to Judge Thorpe. 
(P- '^^-^ ♦ liEACH, Jan. 24. 1807. 

Mr Dear Sir,— I regretted when last at York, the existing circunstancos 
Uepnved me of the pleasure of seeing you. Since last summer some fooblo hopes 
we entertained of having our business concluded here to our satisfaction, as also the 
want of pecuniary means have caused us to delay making another attempt in 



.in 



NOTE D.— POLITICAL STATE OF UPPER CANADA IN 1806. 93 

Euiopo, Which WO are fully convinced to be the only place from which we can 
entertain any reaKon to expect redress. We are now therefore making preparations 
for the Journey & hope to he able to set off the latter end of next montt it will 
give us peculiar satisfaction if you may please to favour us with the letters' to vour 
friends you were so good as to promise acquainting them with as much as you 
may thmlc proper, of the treatment you have seen us receive and the appa/ent 
impossibility of our receiving satisfaction in this question 

Kt.,nnn/ J'" ""i '' -T ''''^t' ^-^ ''\^''- ^r^'^"" (Tcyoninhikarawen) singly as circum- 
stances rnay admit, as during the war I ever conHded in the good faith and honour 
ot His Alaustys Government I yet feel assured that they wid undoubtedly confirm 
to us wlKU we have received from his Majesty's representative Sir Frederick 
Ha dimand who had been witness to our fidelity as a due reward for our Loyalty 
and compensation for our Losses. "J'«"'J' 

Sir, I have the honour to be, 

Your most obedt. humb. Servt. 

JOS. BRANT. 

Endorsed. Address to the Lt. C4overnor from the Home District on his arrival 
and an answer to the Lt. Governor from the London District on his assembling the 
Grand Jury againTor the purpose of making tlicm recant what they had said in 
their address to Mr. Thorpe. Also a ])riva( letter from Capt. Brant to Mr 
Ihorpe the.se will show some of the grievances the people complain of & the state 
ot the Indians, who are dissatisfied while England expends thousands for them but 
the expenditure goes into the pockets of a few individuals. ' 

• 

No. 3. — Judge Thorpe to Lieut. Governor Gore. 
(p. 83.) 

Sir —Since I had the honour of conversing witli Your Excellency last I have 
anxiously considered if by any mode I could with propriety decline being a member 
ot the House of Assembly, & whether I look to England or the Colonies 1 can 
find no one authority to cover a manliest dereliction of principle. Judges are con- 
sidered of the utmost consequence in the Legislature for which reason many are 
created Peers & all Judges have sat in the Commons except such as are con- 
stitutionally to attend the Lords to assist when a Court of Justice. I have known 
a Chancellor of the Exchequer sit in his Court and conduct all the business of 
fanance, the Master of the Eolls, the .Judges of the Admiralty & Ecclesiastical 
Coijrts, the Chief Justices of Ely, Chester & the Welsh .ludgos &c &c the 
Judges in Canada and in the other Colonies have constantly sat in the House of 
Assembly I do not feel that it can lower my respectability, or familiarize me 
more to the people. I do not intend to solicit a vote. I never have been among the 
people 1 know very few, not even those who have been most forward in preseiitinir 
me with addresses and I am satisfied I shall not know one more or less by his 
voting for or against me. 1 cannot think myself more a servant of the people or 
le.ssa servant of the Crown, because 1 am in the House of Assembly, nor am I more 
firmly bound to their service from being in the Commons, than 1 am sworn to their 
service in being a Judge. I am sure nothing under heaven could induce me to sit a 
day It J was required to support any act that might tend to diminish the prerogative 
of the Crown, or contract the privileges of the people, no one will receive less 
ben .!; from such a situation than myself, it must be attendid with labour anxiety 
cS^ a diminution of my domestic felicity, which is my greatest happiness on Earth 
nor will any one benefit more from my holding such a situation than Your 
l;<xcol ency, bee.-inse 1 .-sm satisfied you arc desirous to fulfil the promisu & nut in 
force the beneticicnt intentions of our Beloved Sovereign to his faithful people of the 
i'rovince, because I confide in your good intentions to uphold & enforce that 
constitution so liberally bestowed on this Province, by the British Parliament & 
because i am convinced it is your sincere determination to endeavour to make this 
province valuable to Gt. Britain. 



IJ ■! 



94 



CANADIAN ARCHIVES. 





;;l 



I 




Why then should I un necessarily' stain my character by retracting? & 
relinquish a situation in which I may render service to my King, ray Country your 
Government, the Province and the People ? o j j, j 

The firpt moment the idea of my being returned was suggested, T hinted it to Mr. 
Walton from Niagara, but no allusion toan objection was thoughtof in hisanswer, I had 
not landed there an hour, when I was waited on by a deputation from the freeholders 
(there convened) to request I would be their Representative. I had no time for 
reflection & replied immediately, that if it was their wish to place me in the 
House of Assembly, I would discharge my duty faithfully. The German settlement 
and others have sent the same request, and 1 have given the same answei-. What 
then would be my situation if ] were to recant ? That influence I have laboured to 
obtam for the purpose of doing good would be turned into disgust, the Bench would 
be thrown into contempt and the Juries would be paramount. 

I have endeavoured to live thus long with the preservation of my honour to the 
highest pinnacle, & it must continue to the last moment of my life; it has 
dinriinished my future & lowor-cd my situation, but my children shall be taught to 
estimate private honour' & public virtue as inestimable; it m:iy be all left for'^mc to 
bequeath or- for them to inhei'it. 

1 have the honour to be, with the highest respect. 

Your Excellency's obedient & very humble servant, 

EOBT. THORPE. 

^(^- 4.— Address, Electors op York, Durham and Simcoe. 
(^.87.) 

To all whom it may concern. 

Whereas a goodly number of Independent Electors for the Counties of Yoi-k 
Durham and Simcoe were eorrvened in the town of York, on the 24th Julv, 1807, for 
the gi-ateful pur'poso of taking into consideration the sutferings of the ii'>.ioui'able 
Mr. Justice Thor])e, whose situation was repr-esented by many (not his friends) to 
be very deplorable, and after mature deliberation, thinking it t'heir duty, and feolinp 
perfectly willing to make restitution to the Hon. Judge for the loss he had sustained 
by yreldrng to their entreaties and repeated solicitations for him to represent them 
in the Parliament held in His Majesty's province of Upper Cana.la ; and having 
thought better to make known the result of the meeting in a unanimous address to 
the Honourable Judge, wherein they expressed the deepest sorrow tor the treatment 
he had received, the sanguine expectations they cherished in his uprightness and 
perseverance, and finally solicited him to accept of them what he Would have 
received from Government, had he not condescended to represent them; And 
whereas, since the .-aid meeting was held for the above benevolent jjurpose, a num- 
ber of persons, some of whom are eloctoi-s and some not, have taken upon them to 
say and publish, that they do not believe after- strict enquiry, that such a meeting 
was ever held ; and if it were, then it was a private illegal one. Therefore we the 
subscriber's, being free and independent elector-s of the said Counties, who were 
present, do positively avei-, that ther-e was such meeting at tiie time and for the 
purpose as above stated, and that the address to the Hon. Mr'. Justice Thoi'pe did 
there puss in the for'm and manner published; and wo who were not presently do 
firmly believe that a meeting at the time and for the purpose above mentioned "vas 
held by his Majesty's Loyal, fr'ee and independent Electors; and being pleased and 
well satisfied with the address which passed at said meeting, do give our hearty 
concuri'ence, in confirmation of which we have hei'ounto set our names. 

May God ever bless his Majesty King (Jeorge the Third, ami prosper his loyal 
Bubjeets in all their lawful undertakings. 



J):iiii('l Didi.'uT 



Samuel Bentl 



«y 



Joseph Shepard 

Riclul. Lippirrcott 

Alexander Montgomery John Kennedy 

Hiram llar'rison James Kennedy 

Michael Cotts Sam. Bently Jun. 

Adam Brinish Elijah Beutly 



Geo. Quanz 
John Ney 
J. H. Barmeister 
C, F. Corrrelius 
Mai't J{umohr 
John Stohmm 



NOTE D.— POLITICAL STATE Ot UPPER CANADA IN 180(3. 



95 



Eeuben Wait 
John Chilson 
Joseph Cody- 
John Jens 
Ephniim Wheeler 
Wm. HuifhcH 
Steph'jn Barleere 
Jedediah Bi-itton 
Nath. Hastings 
Asa Patrick 
T. Gilbert 
Sam. Fraser 
David Patterson 
Joshua Brigley 
Elijah Ilawley 
Francis Hover 
John H. Hudson 
William Jones 
George W. Post 
William Knowles 
Thomas Raj- 
George Davis 
John Smith 
Adam Stevens 
David Stevens 
Jonathan Stevens 
John Stevens 
John McGahen 
Eleazer Lock wood 
David Thrasher 
Benjamin Wilson 
William Morrison 
John Euik 
John Burk Jun. 
Jo-^iah Burk 
Ebcnezer Hartwell 
John Wood 
Nathan Walton 
Samuel Willet 
Nathaniel Haskill 
Joseph Haskill 
John Jones 
Joseph Caldwell 
Myndert Han-is 
Myndort Harris Jun 
Samuel Gittbi'd 
Daniel Crij)pon 
David Ciippon 
Asa Cal lender 
Alexandoi' W. Ross 
John 0>lel 
Chalwell Worsens 
Luke Smades 
Joshua Smades 
Robert Clarke Jun. 
Jonathan Bedford 
Sam, Marsh 
Win. Duinont 
Mai'tin Hoover 



James Oborns 
Josiah Hemingv/ay 
John Vicheller 
James Osborne 
John Roch Junr. 
J. P. Radelmiller 
John Krankheide 
Hen rich Somerfeld 
Johannes Koch 
J. G. Wiehrar 
J. W. Nanhults 
N. H. Hubnor 
Abraham Orth 
Jacob Burgman 
Christian Steckley 
Peter Musselman 
Christian Heyse 
Chasper Sharg 
Peter Brillinger 
Philip Lichte 
Wm. Pip 
Nicholas Steffens 
J. Nicholas Stetfens 
J. H. Bauer 
John Heinke 
J. Philip Kckardt 
J. Carl Ritter 
Moses J. Hemingway 
Amos Smyth 
Henry Leopard 
John Tyrer 
John Martin 
Matthias Browne 
Simon Malery 

James Palmer 

John Jolin 

J. Lyndemeii 

John Dubery 

Frederick lielloen 

Ullrich Borkholder 

Nicholas Coper 

Nicholas Miller 

Jesse Bonnet 

John Riemann 

John Shank 

John Trightner 

Peter Frank 

Solomon Stump 

Henry Kersteier 

Adam Rubert 

Christian Christner 

Leonard Bretz 

Johannes Loin 

Ahr.'ilinm Stump 

Michael Borkholder 

John Finticolt 

John Yan Zantee 

Calven lOmes 

Colin Drummond 



John Stoper 
Peter Stoper 

Paul Kieshing 

Joachim Pingie Sen. 

Joachim Pingie Jun. 

John Baye 

Jacob Fvei'8 

Jacob Kett'er 

Johannes Oster 

Johannes Smith 

Peter Graham 

Peter Musselman 

Johannes Fisher 

Johannes Schneider 

Valentino Fisher 

Oonrade Grom 

Johannes Sprischer 

Cornelius Van Noslrand 

John Wilson 

William L. Wilson 

James Van Nostrand 

Henry Clunes 

Henry Lamers 

George Cutler 

Solomon Klauch 

Timothy Wheeler 

Martin Holder 
Andrew Wilson 

Daniel Surles 
James Fineii 

Richard Lawrence 
Anty. Holiingshead Jun. 

Ezekiel Benson 

William Johnston 
Anty. Holiingshead Senr. 
Ebenezer Cook 
Henry Bartholomew 
George Limon 
Gideon Orton 
G. W. Patterson 
George Tisier 
William Macklen 
Osborne Cox 
Cornelius Anderson 
J. Macklen 

George Taylor Denison 
Thomas Mercer 
Samuel Mercer 
Jonathan Hale 
Walter Moody 
Wiiliiim Moody 
W, Moody 
Jacob Perknian 
George Rond 
Peter Whitney 
Simon Morton 
Richard Powers 
Christopher Teal 
Timothy Millar 



■( H* 



96 



CANADIAN ARCHIVES. 



Martin Kurtz 

Samuel Pf'eirt'er 

Elijah Lanir 

Daniel Hoover 

Christian Weitmun 

Jofseph Iloyse 

Henry Schenk 

Michael Schenk 

John Cleniiennan 

Peter Anderson 

.lohn Stickle 

Klijah Millei'd 

Wenton Stephens 

Ezra Pope 

John Slesser 

Peter Miller 

Joseph Plumb 

Isaiah Booth 

Reuben Patrick 

Jacob Stover 

Henry Lichty 
Jessy Teats 
Norman Milliken 
Peter Helier 
Peter Brooks 
David Wiemer 
John Clendillon Jun. 
Uzel Wilson 
James Lundy 
James Petti bone 
Azariah Lundy 
John Hamilton 
Peter Dcagier 
James Deagier 
John Miller 
Mathew Mills 
William Watson 
Jacob Miller 
George Boils 
Michael Carter 
Joshua Miller Jun. 
Henry Wideman 
Jacob Weed man 
Christian Hoover 
Heni-y Pingel 
George I'ingel 
Nicholas Hagerman. 
John Keafer 
Joseph Phelps 
Edward Clark 

We the underwritten 
certain paper licadod by E. 
a malicious libel. 



Silas Emes 
Garret V^an Zantee 
Daniel Loughlan 
Alexander Legg 
Elias Anderson 
Thomas Mosley 
Daniel Ilerrick 
Zachariah Galloway 
Thoday Colo 
James Cole 
W. D. Forest 
Ch. Vanvalckenburgh 
Wm. Knott 
Wm. Smith 
Sam Wightsides 
Wm. Holloway 
Thos. Jobbit 
Thos. Smith 
Wm. Lancaster 
John Stonar 
Peter Stonar 
William Sterrett 
John Hunter 
John Duggat 
.Tohn Hartwill 
Silas Sargeant 
Eobert Lackie 
Ephraim H. Payson 
John Closson 
Wm. Hunter 
Sam. D. Cozens 
Jacob Crawford 
John Crawford 
Samuel .>runzor 
Peter Winter 
Benjamin Corey 
John Moses 
Caleb Crawford 
Isaac Garow 
.Fohn Lyon 
John A. Lawson 
Andrew Lawson 
Samuel McCafiy 
James Ashley 
Abraham Van Horn 
Melger Quantz Son 
Frederick Quantz 
John Karl 
Joseph Cogsell 
Stephen Howard 

do positively declare that 
Hale, high Constable, was 



.lohn lOvims 

Thomas Stoyles 

Benjamin Davis 

John Haynes 

Timothy Evart 

John lierry 

Richard Wilson 
Alexander Thompson 

Joseph Ogdon 

Isaac Mitchell 

John Smith 

James Wilson 

Samuel (riles — — 

Isaac Wilson 

A. Lymbeiner 

Andrew Clerk 

William Lyberner 

Joseph Haynes Sen. 

Joseph Haynes .Tun. 

Philip Haynes 
Jacob DoLong 
Hugh McLuccy 
Oliver Prentis 
Abraham Devins 
John Divor 
John Buckholder 
Jacob Mcl\ay 
Thomas Humberston 
Christopher Harrison 
Williani Harrison 
Thomas Denison 
Seneca Ketchum 
William March Junr. 
Benjamin Gerow 
Michael Wright 
Thomas Gray 
.lames Johnston 
John Slough 
John Iloughgre 
.loseph Hai-rison 
Alexander Gray Senr 
Alexander Gray Jun. 
William Gray 
Samuel Jackson 
Silas Fletcher 
Robert .McMachan 
William Marr 
Samuel Reynokls 
Averv Stiles 
S. E. Howaid. 

our names appearing in a 
contrary to our desires and 

JOHN FDGILL 
ROBERT LACKIE 
WM. HUIS^TER 
WM. STERRETT 
JOHN HUNTER. 



NOTE D.— POLITICAL STATE OP UPPER CANADA IN 1806. 97 

I, the subscriber hei-onnder written, do positively declare, that I never wrote 
my name on a certain paper, headed Kliphalot Halo; nor did I We. orde, 1 To | ! 
fo.^'erj."'^ '*''' ^"'■^'^" "''^^''^"■' ^'"^'•^^"^•^ ^'^^'lare the same to be a scandalous 

ANDREW CLARK. 



{p. 100.) 



To THE Public. 



Whereas we have well known that certain persons in office have been 
busily employed for near three weeks in ,,rovailii;g on various dLcSons of 
people to s,gn a paper nurporting their disbelief of a meeting held by .ndependen 
Freeholders of York, hurham and Simooe on the 24th of fuly a Hoy e's Tavern 
York, to address the Hon. Mr. Tho.pe; this paper we paid little attenfi m to Then' 
wit whf.? r™ '^'^^•«««'Vh« Public perfeitl^ understood the object and mo iTe 
with which It was caiTied about; however, as wo now find the contents of thit 

l^rj rM^^'r r?"''^'^"' ^'^° ^^^^-'^ ^«^^^^^«. ""^er theauthorky o?tJie nth 
Constab e Mr E Hale ; we feel ourselves called on, as Chairman and^Secrettryto 
the mee ing to declare there was not only one, but two meetings, the fiist held % 
\ onge street, the second in York; That the principal object of The F.eeholders w s 

eS Z to" .Ul'n'; '»^«fr.?"" '''' -^""^^So until the object w if' u- He .^^^^^ 
ettect, .md to call only such to the meeting as could contribute without injury to 
themselves or families; And we do further declare that the Freeholders were 
w ling to have their names published with the address, but on thrSecr •( uV s 
waiting on the Judg with a copy the day before it was p.^esented, the Jud -^ li m' 
snivTr^"^ the names might not appear, as he said " too many had already 
V hStP' ^^^^'■•"t' their attachment to him." However, we now find it Lli 
wsh of those who did sign then, and of others who could not attend at that tin e 
but have since signed, to have all the names published, and we shall sen 1 hem 
TuZTat ' '^" '"' "''' opportunity fJr insertion in the Uppc: ia'md"; 

JOSEPH SHEPARD 
Soi,t.4,l801. ALEXANDER MONTGOMERY. 

To Joseph Wilcox, Esq. 
(p. 101.) 

Sir,— Messrs. Shepard and Montgomery having sent the above piece to me lo 
get printed in the York Gazette, I carried the same to Mr. jXi Same on who 
l^rTn wMI^T^h'V^ publish it, I now forward it to you for in;ert,on iWu pal, 

eiSijod i^'jiiS 's:^:r '''''-'■ ''''''-' ^-^ ^^"^^'^■"^'•^' ^^^^ -«-- ^^y 

JOHN VANZANTEE. 



No. 36.-JUDGE THORPE TO SIR GEORGE SHEE. 
(Canadian Archives, Series Q., Vol. 310, p. 113.) 
Dear Si u,— The meeting of the Legislature is now over, aii(i it becomes 
necessary to inform you once more of the state of this Province but as this letun- 

:m^^^.ZS^^T ''''''' "^"^^""^'' ' '^^'^ '' '^'^ ^^^^« '-^ 1 --^' ^ 

After the people had forced me into the House of Assembly, they told me their 
griovance>^ 1st .hat the Exoeutivo Council would not account for the money raised 
^I PT'i .^-J'^f *.'" proclamations bv which they were brought Eew^^ 
unattended to by the Executive Council, 3. That the Land was given partialy Fe^s 
taken and laid on according to pleasure & the money never accounted for 4 ThJt 
their Representatives were ali bribed with the Crown Land and that thcy"lnd J 



!»8 



CANAIlIAN ARCHIVES. 



ii 
I 



fetition for the King now rca(l\'. I promised to do all I could mildly here and that 
would write to you warmly, on condition of their giving up the petition for some 
time, which they agreed to do. TIiohc complaints I must explain. By the 14th of 
the King. C 88, a Tax of £1. 16s. was laid on Tavern LiconKos, and ail moneys 
arising from this the Executive have taken anil appropriated without accounting to 
Parliament, again by the aforesaid Act and by the ir)th of the King, C 40, duties are 
laid on Eiim, Brandy kc. k(.-. coming into the port of Quebec, now by an Act of 
this i)rovince, 41 of the King C 5 similar duties are laid on the sumo articles 
coming into this jirovince fr()n\ the United States, this also the Executive (lovcrn- 
mcnt contend is raised under British Acts, and take to themselves without account- 
ing for any of it to the House of Assembly hero; by the 18th of the King C 12 
(rt. Britain generously gave up all right to taxing the Colonies except where 
necessary for the regulation of commerce, & then the ])roduce arising from such Tax 
was to be applied to the use of the Colony in like manner as moneys raised by the 
House of Assembly; this Statute is recited in the 31st of the King, C 31, which 
gave the Constitution to the province ; at the passing of which Act Mr. Pitt said it 
Avas the intention to bestow the British Constitution on the province because it was 
the best in the world and would therefore leave nothing to be envied from our 
neigh boui's, and Mr. Fox with his usual great political wisdom at the same time 
declared ''that would reconcile him to an}- imperfection in the Bill as to give such 
a Constitution & conciK;i'.i> the affections of the ])oople, was the only mode by which 
England could restrain such distant Colonies" yet in defiance of all this, the Govern- 
ment to retain the conti'ol over a pitiful thousand a year (which they could as easily 
control through the House of Assembly) will continue the system which lost the 
States of America, until they ;i;r.e brought this tine country to the verge ot a similar 
situation. 1 grieve to the Heart to see this weak, passionate, self-sufficient trovernor 
bred in the Army, surrounded by a few half-pay Captains, men of the lowest origin 
witli every American prejudice and every idea of military subjection, and direciod 
by half a dozen storekeepers, men who Iiuvo amassed wealth" by the plunder of 
Jvigland, by the liidiaii.^eparttnent and_oveiy other useless Department, by a 
Monop(dy of Trade and extortion on^tlTo'peopTe j^ tlTis'sTH)pkeeper aristocracy who 
arc linked from Halifax to the Mississippi, boast that their interest is so great in 
England that they made Mr. Scott (their old Attorney) Chief Justice by their 
advocate Sir Wni. (irant, lluit they will keep Lt. tiovernor (ioi'c in his place, drive 
me away, and hold the people in subjection ; but these rapacious, ignorant men 
never reflect that the inhabitants of this province, tho' lately poor, \ accustomed to 
subjection are now independent, and ready to turn on their oppressors, they do not 
consider that altho' by giving the Crown Lands to the Members of the House of 
Assembly they keep things quiet for a little, yet that it is adding fuel to tho fire,, 
which may keep down t he blaze for a little, but will car. sc ii lo rage with greater violence 
hereafter; When the Committee on the public accounts reported that the Executive 
liad not accounted for tho money raised as 1 have belore suited I bogged that the 
whole might be rcferi'cd to Mr. Windham and was convinced that' iihe province 
would abide by his determination, but nothing like conciliating would answer, a 
majority was secured & the accounts set aside tor aj'ear; thus the}' imagine they 
may go on opening and closing their wounds annually: 1 was anxious something 
should be done for the Loj-alists and Military Claimants A moved the address which 
I enclose, yet mild and respectful as you will find it nothing could induce the 
Government to do any thing that could harmonize the jieople. 1 endeavoured to get 
an Act foi' making great & good Roads, but b}' various manicuvres that was 
frustrated: everj-- attempt of mine to promote Agriculture, or encourage the culture 
of Hemp is defeated, in short every thing must rest with Mr. Windhniii and how he 
may be misled by misrepresentations I know not, but this I we'l know ; that every 
exertion that this great body of Traders can make by interest, malice & falsehood to 
depreciate me in Mr, Windham's mind will be tried, but I have tuo high an opinion 
of him to suppose I will not he hoard, I know my own i-iiCsjrrit}', I know how 
laboriously I have done my duty, I know the truth of the representations 1 have 
made \ 1 know my attachment to the interest of England; but il Mr. Windham is 



NOTE D.-POLITIOAL STATE OP UPPER CANADA IN 1806 99 

mmmmmm 

been Li^?;j:zr; o'LriSiTrr:!' sr""-"' "-" •"■'«''"-,.., „„. 

i know liow miK^l. your time must bo taken up by the War I knnw i,«,„ i-f.i 

1 am most truly, Dear Sir, your very grateful 
cv oboaient humble servant 

York, Upper Canada. ^^^^^^ THORPi;. 



rl 



T , , ^ Alarcli 12, 180Y 

Address of tue LEorsr.ATiVE Assembly to Lieut. Govervor Gore 
(,p. l-'l.) 

-May it please Your ExcELLENcr — 

standing the political state of this province "^^J^^^^- '^"^ '-^'^o f'-om misunder- 

pleasure we declare our oonfidenoo in Your Excello.icv T .pI; f^ But with 

vye are also anxious to impress on Your hlxeellenov's mi..H fV,,. ,1,- ^ ■ 



ft* «i 



Ya- 



-Y^ 



100 



CANADIAN ARCHIVES. 



I 



But wo fool assured that your bonoficont exertions will be eqnallj' extended to 
these unfortunate suft'orors ; restriction being removed you will bold the scales of 
justice it by baliincinj? merit with reward, will leave complaint without support & 
diffuse universal satisfaction throughout your Government. 



No. 37.— JOSEPH WILLCOCKS TO MR. WINDIFAM. 
(Canadian Archives, Series Q., Vol. 310, p. 126.) 

York, Upi'er Oanapa, 

1st Ap. 1807. 



ad 



ono can charge me with the slightostneglect of duty. I had my Co 
the (rreat Soul of tho jxovince, and received one hundi'od a your fro 



Sir, — I was High Sheriff of tho Homo District of this province and believe no 

)mmissioii under 
)m tho Treasury 
of Kngland, yet without any fault charged, or any reason assigned 1 have been dis- 
missed. 1 could proouro tho most honourable testimony of my loyalty to mv 
Sovereign, and my attachment to Great Britain, together with the signatures of 
hundi .s to satisfy you of my attention in n.y Office, but the irritr.tod state of tho 
Provinci' is such from the arbitrary conduct of the Governmont that I consider it my 
duty to remain perfectly quiet, and rest- on your wisdom, justice and humanity that 
when a now Lieutenant Governor is appoiided you will desire him to examine into 
my case and determine according to n)y desert. 

The great body of people seem to bo impressed with an idea that you are apprized 
of tho stale of the Province, Your great political knowledge, your talents and 
private virtues are as well known hero as in London and anxiously awaiting your 
determination tranquillity is preserved. 

I have tho Honour to bo, Sir, witn every possible respect, 

Y'our Obedient Humble servant 

.1. WILLCOCKS. 



No. 38.— JUDGE THORPE TO SIR GKORGE SHEE. 
(Canadian Archives, Series Q., Vol. 310,;?. 130.) 

Dear Sir, — Conscious of tho excess of business in which you are involved I was. 
in hojjes that all trouble from mo was over, but on oppression's head oppressions 
accumulate so quickly it is unavoidable. 

My letters had for a long time been opened or suppre.-sed at last on :b.e Post- 
masters delivering me one with many enclosures before several persons, I remarked 
that 1 supposed it had been opened, & on pressing it a little together drew from the 
side all tho letters & on putting them back asked him to account tor it, he replied he 
could not as it had passed many offices before it came to his ; in a few days 1 wrote 
him the following note: "Sir, I sent twelve shillings, the amount of your demand, 
& I hereby give you notice for your o vn and for the information of the other post^ 
masters or Deputies, that if I receive any more lottv ■: .5 opened, or can ))r(>ve that any 
more are suppressed, I will give directions that such proceedings shall be commenced 
against you as the Law directs." Now tor this kind & quiet step to find out 
where the fault lay, the Lieut. Governor had me indicted, he wrote to his learned 
Solicitor General for a Law opinion oi\ it, who informed him, it was a libel & at the 
Court of Oyer & Terminer, the Grand Jury were prepared to find it,&a little before 
the Court bioko up, that it might h:ing over me for six months. Some of the jury 
were amazed at its being a libel, but the Solicitor was sent for, and he informed them 
it was ; a fi iend sent for mo, 1 wont instantly to Court where I exposed it to our 
wise Chief Justice, & desired him to crush it, & not suffer the country to be agitated 
by such an ignorant wicked production. Ho applied to the Solicitor who instantly 
declared before the public (altho' what had passed in the Grand Jury Room was told 
&altho' the Indictment appeared in the writing of his clerk) that he knew nothing 
about it <fc beg'd for time; the Court gave him till next day, at which time he 



NOTE P.— POLITICAL STATE OF UPPER CANADA IN IHOO. IQl 

(leclarejl ho could not go into it, & tho Court was adjournod for near throo woekH, 

<n',nf '""r .r '!-'"*'® ''f^'^r'"'^"'"^"'* °"^«'"«'' "•"' that after inflaminK the 
Country &. attempting to dograde mo, thoy have completely exposed their own 

iciouHnoHH, & rendered thomnelveH if poHsihle more ';ontomptil.lo than hefore ; I 
have Kot a copy ot th.; indictment hut I four to koop up tho irritation that prevails 
amongst thiH faction, l,y trying an action for u malicious j)rosecution. 

The Lt Governor has dismissed the Siieriff and Gaoler, without any one fault, 

tZ "^ II „^ '''»""^'T'^\':r I ^'^l}y t'/» P^""P'« «'y ^'^0.7 thing is prepared to pack a 
.lu.j k that no mans nfo is safe; the printer turned out, <lriven mad & put into 
gaol, and every soul that was intimate with n-o is persecuted, in short I think it mv 
duty, to acquaint Mr. VVu.dham that under the system Lt. (iovernor (Joro proceeds 
Ills province must continue not only useless, hut hurdonsomo to Gt. Britain for a 
little, & on the first .lisi.greement with the States it will bo lost, and also Mr (ioro 
IS so privately Hlmndoncd and so puhlicly impolite and profuse, that lie has rendered 
himset contemptible, k m utterly unfit for the Government; these things, & evorv 
word have hefore written I am ready to prove at the i]ar of the Council in London, 
provided I could he allowed a small sum for witnesses, as I am so poor from twice 
removing a very large family, that 1 could not bring even myself to England : I am 
iilly persuaded of his misrepresentations of mo, for ho is so capable of falsehood, 
that he has invented conversations for me, of which I never uttered a word, & with 
persons to whom 1 neve.- spoke a syllal.ie, but as for myself. I .lefy him & all the 
world. I have done my duty, not only most strictly, but have'alsogiven the highest 
satisfaction and, unless it is become a crime, neither to consider my own trouble or 
interest, tho ,n dilhoulty as to my property, & four thousand miles from my frien.la 
1 am innocent of every charge the utmost malise could iiroduce. My letters from 
he first moment I came here to Mr. Cooke & yourself will explain niy motives for 
tiiking any part : I found a wretched faction aggrandizing themselves & ruining the 
J rovmce, a Council that had no right to act made a President without right! the 
i.oyal promise refused the people, & the British Constitution denied the Colony; the 
Counci heaped land on themselves & favourites in the best places, & almost without 
ees while the people could not get land in the worst places, without exorbitant 
ees laid on without law, every useless Department kept up, & every expence on 
J'.ngland continued because the money went thro' this faction the province was cora- 
].letely neglected because the people were to be kept in poverty and subjection 
complaint was prevented from going to Mngland, because the members of the House 
of Assembly wore bribed with the (.Vown Lands, but I saw the people ripened into 
independence against every ojiposition .V that they would not much longer submit, 
saw the great value of the Province in the Fur trade, in hemp, in floui-rin lumber 
\- I saw no power that could hold it, but by giving the people a secure root in the 
soil and leaving them nothing to envy in their neighbours; in truth I saw that by 
allowing the inhabitants all the privileges Gt. Britain intended, they must be the 
most enviable Ac the happiest people on sarth, which would render them not only 
secure to Lngland, but a promising instrument of attaching many of the Northern 
Mates of Ai.HM'ica once more to (rt. Britain. I therefore could not relinquish my 
uuty to iMig and in the moment of her glorious struggle for liberty against French 
Despotism ail ho by so doing 1 might have had any land.any power,& every servile 
attention these wretches could heap on me; but Mr. Gore for whom I had prepared 
the way to every comfort A- every popularity to render great advantage to England, 
absolute prosperity to the Province, & eternal fame to himself, has preferred beiiifr 
subservient to this faction supporting all their power .t augmenting their oppression 
tierc on a stipulation of their supporting him with the Ministry in England, & to 
Cfjmpiete this, every engine here \- every interest in England is exerted to crush 
.V oppress mo,cV. as for falsehood & calumny the whole set are incapable of any 
tiling elH.o but if ever I got an opportunity of exposing them before the King & 
Council (for here i dare not let out what I have in my mind from the state of the 
1 royince) neither the annals of Tacitus, nor the verses of Cicero, shall be found to 
Jjroduce any wretches, or any system more despicable or oppressive. 

Lord North found when too late that the false accounts of Governors & misrepre- 
sentations of the indepenilence, determination .»c resources of the people lost the 



1^ 1^4 



I i' 



i^f ' 





1^., 


ik^ 


i tS^^^H 




tlii^ 




"imi^^i 


'••ii\ 


^M 


M'' 


n 


^1 


( S 


mI 


1 



U)2 



f'ANADIAN AIinilVKS. 



I 



United MatoH, but if .Mr. Wiiulluim wishes t„ conlimu. .Mr. G„re a> I.t. (n.vornor lie 
oar. ouHily romovo mo, .t I will most willi.iKly .lotormine novor t.. onK«Kc in poliii.s 
& lo hini only Hon.l mo wl.oro I can i->i>(ior Hf.vico in any lino iSi trust me I will 

Mr. Kussfil the Koeoivor (Jonoral Ih <>l<l &. very ill, thoroloro Mr. Wi-, 'mm can 
complete y ren-yate this place l.n , .,, . .sily ^mvc a ju.licious (iovert.o. .V u new 
U).me.l, tor Mr. (.rant wants tc rotne, Wr. Shaw to get on half pav, fi .Mr Hal.v 
Hhouhl K,, out, as ho does no» alien,! h[> -iuty, .^ if Mr. Wyatt rotnr.,;, Mr. Sta.dev 
comoB out \ a sonsihle man as Keceivor General all may ^^o well. 

I am dear Sir, your perseeutod, grateful \ tPuly ol.liged 

iV ohodient hunihlc servant 
W 22nd Ap. 11,807. KOHKRT THORIM.;. 

I'.S. The Americans have made a great exflriioi, to destroy oui' Fur Tra.i i 
have given Air. Wyatt \- the nritish C<,nsul :U .\ew \ ork a schen.o to defeat thorn ; 
ityou think It toasd)le you will reeommond it to he adopte.l. 1 will undertake to 
have It e.xeculod without one guinea oxpence, .«t without more Waste Land than is 
improperly given to corru])t the House of Assembly one so.sion. I am sure vou 
must aeknowle.lgo I do not slumber at my post, whether you allow me to waleh 
Aveil or nsolessl}'. 

Jl.T. 

Xo. ;$!».— JUDGE THORPH TO 'J'HK SKCRETAJ^Y OF STATH. 
(Canadian Archives, Series Q., Vol. 310, p. 173.) 

VoKK, Ui'i'ER Tanaiia July 12th, 1807. 
As 1 know not who is Secretary of State Co, the Colonial Department, J mu.t 
;„!' «iV';\' »""'•"■"•"/■ "''<'.'■''«^.l"'t t'> the honour, the feeling and justice of whoever 
n ay hll that nnportant situation 1 am force.l to appeal, an<l ] shall make it, without 
any etiort o induce any other person to interest or intluence him because I ivm satis- 
hed he will be above being biased by the strict lino of justice, by the power, connex- 
ion ,„. interest ot any person Lieutenant Governor Gore, without attempting to 
hargo mo with any lault without having the boldness to suspend me from niy office 
,by which 1 would have Ind an a,,peal to the King and Council) has dare.l to inter- 
tere with mo in the discharge of my duty, and at tho moment 1 am sitting in the 
Kings Bench as a Judge, a letter comes to tho Chief Justice desiring liim to arrange 
the Circuit as he had given directions to have me left out of tho Commission ^.f 
■isi/.e; with groat respect I bog leave to say that neither his Commission nor the 
iM'iil Instructions, have armed him with authority thus to interfere with my duly 
thus to insult me .^ others to roi, me of two hundred pds, but what can justify an act 
which will produce universal discontent which will resound thr<.nghout the Province 
and ring across the Atlantic until it awakens Justice at the gate of St James's, if you 
do not intorfero strongly, this is what J have long dreaded, for eight months I have 
prevented the people trom sending a petition to the King, because I know tho niiserv 
that often follows from tho people taking a part,& because I know that the American 
people consider that it their remonstrance is not attended to that they a.e justiHal.le 
in revolt, under these circumstances when thoChief .li,,tieeinforincd mo that [ would 
got leave of absence 1 told him 1 daro not go, because 1 knew the cmvdsion it would 
cause; I implore you to interfere not only for tho sake of England .^ ,he province 
but for the cause of humanity, you have full statements from me do M.methin.r to 
harmoni/.e tho people, tell mo what you wish mo to do & it you desire that I should 
go from this 1 will try to retire without irritating the public^nind; at the .same time 
J declare that Mr. Gore is perfectly incapable of governing this province, ho is weak 
passionate, .Mrbitrary .^- .elt sufheient to ui)hu!d the powei he a^^u.nos, he descen.is lo 

the most injustihable means, has the lowest agents, does tho most -■ -"•■■ ^i-:---- 

interferes most 



presumptuously, is prodigal in promise iV reward to <>tfect 



& appears to have no regard to truth 



Ins inir 



ev 



pose. 



on in conversation ; ho thinks (because h 



n 



NOTE D.— POMTIOAI, STATE OK IJI-PKIl CANADA IS ISO*! 



103 



wlHhoH It) t hat tl.o |..„plo can still be .loco vo.l X kopt doNvii, but it i. iMsinilv du'v 
lomomber the U<,yiil piomiHo by prooiiimation, th.-y iviiow what tl.o HiitiHi. Parlia- 
mont gave* thoin by HtaMito, thoy buvo nasMul ov.jr tho woi^lit of toil ai« mow in.lo- 
l.on.lontah.lw.l ,.»lo,cu tboir ilKbt: t bavo K'v.m, tho fuiloHt informal iu,, to tho 
Wecrotiiiy ot StatoH Otllco, I havo laboiioiisiv diHchargod niy duty 1 bavo -.tiorilitM.d 
ovory comfort, 1 j.avo diHroKurdod ovory advai.taKo the (iovor.nnont j.oro could 
De»tow .V I bavo Mitlored ovory oppr-sHion thoy o.uild intiici, which oxtondod almost 
to tbo dopnvatioi, ovoi. of broad I .m my tiunily, for tho purposo of iroHorvinu- 
trauqmllKy.ol provoiiting potitioimit of holdiii- tbomaltaohcl („ Wjatid i ..ivinL' 
ovory a«Muranco that their «ri«vancoH wimld be rodronHod without romon'stianco or 
delay. 

I know how your timo munt bo engrossed by iho war, and by the Clolumos of 
uj.parently greater importance, but 1 boHoech you "to consider for an hour abnut this 
(listractod Country ; lot any one examine my re|)rcHentutionH from IHor. o\ >ry word 

u ^^w A."r,"''','"';''') ' "'" '■'""'y ^" l""'^^"' ""^ i 'W thoy hang together, .xamino 
Mr. Wyatt & Mi . Jackson who havo lately goru; from this, thon |„„1< i„|„ \\i- G,,re's 

mwroproBontationsi^k if there remains a single doubt call on mo loi' |)roof I hope 
in my composition I have no revenge, I shall not seek to bring forward char-^s 
iJnlo.sH you desire It I do not wish to remain here or take any imrl but a^ you 
desire. You will observe by what in.seiisiblo .logreos 1 have boon led into "mv 
present situation an.l you may Judge how i ippy I would bo to gel roliovod "l 
.leclaro to (,od in a charge to a .Jury, or in any other Hhape iVom the Bench, 1 never 
Jittered a vvur.1 of politics or made the slightest allunion l., Lho Government then 
how can I bin attack be palliated, but what may 1 not expect when even my letters 
were opened and -uppntKsed in the Lt. (iovermtr's Office. 

This faction is capable of anything, 1 tbirdf thoy will assassinate rae. 
wito, a sister and seven small children, four housand miles fmrn frien<ls 
I'usery do not forsake thom. 

1 have the honour to be, Your Obedt. Servant 

ROM HUT TIlORPJg. 
Excuse much of this. I write it in hurry k wretchedness. 

P.S. On (Circuit I never go into any" person's house, 1 know very few, and 
except once, I wont to examine tbo commiiniealion from f.ake Simeoe to Lake On- 
tario, I never was ton nihes from home, the people only know mo from my public 
conduct, and V lunlarily they havo offered a tribute of approbation in everv"Court I 
ever presided- this is my crime. 

If. T. 



I Inive u 
in their 



No. 4U.-LIHL:T. (iOVEKNOK (i OR I TO GEOIUIH WATSON. 
{Canadian Archives, Series Q V '. ,'510, p. 223.) 

i I'PEE Canada 2!)tli .July, Iso?. 

Mv Dear Mr. Watson,—! cannot sufficiently thank you for your kind and 
triondly letter of tho I4th of Ap.il last, which I received on my return from Lake 
Huron, at' 'a most delightful tour of al.out Hve hundred miles. Perhaps I may 
send you y journal, but if 1 do, it must be on condition that you do u,.t pratf if. 

Thank you fo Mie admirable 'etter.H you enclosed, they brouglil every circum- 
stance of a late transaction clearly before me. and tho author merits the iesteem of 
every honest and independent Knglishman I should like to know il th- Talenr< 
have reply'd to them, if they have do not f get me. 

As you have touched on the political situation in this Province, ii gives me an 
opening to state some part: ular circumstancos to vou, which will I am c(Uivinced 
prove to you, th,.t I am and havo been placed in an emlyiirrasHin'- fcit-jjitioi. I 
mentioned in my former letters, tlmt tb,- opposition to the' tiovoVnme^it wiis heu<led 
by Mr. .Justice Ihorpe, and it appears in your last letter that you aie upprehen-ive 
1 may allow my feelings to hurry me 1 cyond the line of prudence. Unassisted as I 
am, 1 hope my comluct will appeal oderate. You will have soon my dispatch 



m 






104 



CANADIAN AR0IIIVE8. 



.a 




I 



to Ml. Windham (No 20) gump; that MiniHtof u narrutivo of Mr. Ti.orpo's conduct 
and proceodinys Huu'o hiH arnvul m thin Province, aocomp.u.iod by Hon,e very Htronir 
ducumen H. In that d.npatch I stato, having ronislod thou. 1 vice of some of tlio moHt 
U'spoctablo pornr.ns who urgod mo to KUHpond Mr. T. from iho oxorcino of hin func- 
tions ag a Judge I have I think d.me my duty, in ropn.senting the conduct of this 

?o ,r"n"r ."" ' ""w r'rp^'"' '•'" ^Ii"i«t^"H, «!•»•'■'■ to HUp?ort the estahliHhed 
.{TO^ornmonl or pormit Mr. T. to croct an indepcmdont Uopii^lic, indood if tluwe 

J^'lnf-d !•'";"• Tr^ ■"»"'■'"•' '"' '.'"'"^^' "^^^'"'^ 1 can urge to Attract the notice 
ot il.H MajeH y s Golon.al M.mslorH. J),, uot imagine that 1 can Hutfor a Faction to 
provoke mo to a pergonal controverHy, aitho' every attempt hufl been made (Hinco 
i, Wmn.r.!'.. .''"'. ■'"'■'"'r*^ to support the Kxeeutive Government) by ti.o n.ost 
h/Z r,. ;'''«":''"f 7 '"'""«-. b^ini,' propagated, to injure my publie and private 
cha.actor I have treatod them with the contempt thoy doHervo: 1 Hhall atfect to 
ook u,,on tl.eiu w.tlMndirtV.ren.e, but they shall' bo mirrowly watched, an.f when 
the blow iH icady to fall, it shall not be administered witli a liiht hand 

I have enclosed you tho copy of an anonymous letter received from Now York 
A8 these kind ot letters are seldom to be much regarded,! had thrown it aside; 
indeed It occur.ed to me that it was a trick of Mr. Thorpe's party to urge me to 
some step, ot which they might take the advantage. The last mail has put mo in 
po^*<essioM of the authors nan.v (a merchant of much respectabiliiy at New York^ 

Imini' o.'r?T V ' "v"';"" 'r |."f'"'T!'^'""- ^ '"^^'« '" consequence sent a confi- 
dential person ,, Now ^ ork, who from his connexions there, [ hope will be enabled 
to get an introduc ion to Kmmett and Cheetham, and if any seditious or treasonable 
correspondence exist, I think that person will get at it 

offlce^orSf>!'''''r- '''■'''■". "V^^'*!'" unpleasant step of suspending him from tho 
tS ,, ., ''^"'•voyoi- treneral, handed a paper about at New York which state.l from 
the tvianny and oppression of this (lovornment, tho (>)lony was on the ove .)f a 
when n, An!"..'" •^^'pc^'^ition of rccoiving (he particulars of Mr. Wyatt's conduct 
AS lien m America from Mr. Barclay the Consul. 

I have thought it expedient to direct that Mr. Thorpes name should bo omitted 

c , lilted't'rrT"" ^^^'^'^^'ibout to be issued; in adopting this measure I have 

^m S welfare 01 the province. Surely no ono could approve of 

nl^mZ f, T'^''^"''" T^^'' '>l'P"rl"nity of disseminating his widced and 

nth nmato.y doctnnos from the sacre.i seat of .Tustice. When he has called upon 

; i ninel. !! i?l u t'i" -r <"^^'^'''"^«')t 0^ '•'" <^'o""try hy opening his address from 
m.Hv i '"">■" ^'T •'■^^'•"'•^'^'"1 administration in this Province, calls 

vouinM«nT,'Il' T.^^^ y 'r'T'^^ me of tho passage in tho Bible:' "To 

vol 1 te ts O Israel. This worthy Judge is involved in Law Suits, in one instance 
he had the modesty to leave the Rench to ,>lead his cause at the Bar. 1 have enclosed 
you the copy o a letter from Mr. T. to onr poor devil of a Chief Justice, which I 
vr.in''*"/. r '"'" ''\"-'V'^'^^ contempt. This letter is' a fresh proof, if'any were 
wanting, that he considers the exercise of his functions as a Judge a matter only of 

utZnfl TT^rT\ "'^ «^•«^ '">^' «''C"t duty it seems ^s' to thwart Ind 
attempt to control the Jvxecutivo Government, and if, as ho has tho effrontery to 
asseit almost in plain terms, ho was sent out with direction so to do, he has indeed 
done his du y s^nety and laborioudy. 1 should here observe that Mr. Thorpe has 

mpressod the belief on the public miiul, that he received positive directions from 
1 .ns.ni't ,J ";'i ?'• IW^'i' '''" l.roceedings of the Executive Government, and to 

• Vr A.H •!' " ''" 'Secretary of State an account of the situation of the pro- 

.ACtU isdifticuh to undeceive the public, and f wish Oooke would contradict his 
impudent les, or at least permit mo to do so in his name. Cooke is possessed of too 
much good sense to conftdo in a person whose character ho was unacquainted with 

should I'novfwl" 17 **''' T'': ""^ ^'1''"' ^'""^^'" l'^'"'^'^'"' ^"t I am anxious that you 
should know wha I am about, .-is I have no doubt vou h..u-c your fears that rav 
Avarmih or stupidity may drive me into errors " ^ itai., mairaj 



Tell Cooke (in confidence) that 



our Chief Justice finds himself so much out of 



ins way, by having engaged in political controversies, that I know 1 



le would resign 



NOTE P.— POLITICAL 8TAT15 OP ITPPEB CANA1>A IN 1806. 105 

onhiHbein^'8oc.m«J£5or£fioOayoar. Mr. Scott is an honoumble «<»o(l man but 
H oxtremoU- t.mi.l both on tbo Bed. and in his political .apacity ^hat ho n'ove, 
dec.doH \ou may oaB.ly conceive Homc of my difflcuition. when I h.Corm vou U.a 
1 l'«ve been obhKod to write to Mr. Allcocic lor an opinion on a I'rov S Xct 

Write to mo freely, you know how much 1 stan.l ,n need of ndvico and 

rer"SnTorr''t;\rr^^?''' "I"' ^"'^ ''"";'!!" "«" -^ -'^^ bent tspoctsto 
Uiom. le 1 Lord C. that ( aptain (iivum arrived hero in .Mav, and I have found in 
him a moNt UHoful and intolli<roMt Oflicor. 
Reniomber me to Cooke, and liolicve me 

My iJear WatHon 

Aft'. VoHfH 

K. GOIJK. 
The aMonyn.ouH letter, copy of which was enclosed, !« enclosure 8 of No 33 

pp. -..U to -M-l, and are added in the copy at No. 8 of No. 33. 



No. 41.— JUDGE TIIORPK TO Si-XmCTARY OP STATE. 

York, Upi'eu Canada 

Auirust 14li), 1807. 

nMd<monc,rlj'frT''^'^"'- ?^"'"'^'*''?'^ oppression all my lottcrs are stopped 
: S Jto o d ' ™ "'" '"(oreopted, so thai I noi.hor know who is Secretary 
wf '" ;^''^'^''\''' 'ny "I'Poul to his justice will ever bo rocoivo<l ^ 

h. .It I • ''Tu*""^* informo.l the Lieutenant Governor had directed my name to 
ho omtte.1 m the Comm>s.sion of Assize, [ wrote indi^n.antly on the ™ant 
txmt ;;r''T of 1^'"'"' m. rousd, pray pardon any unpremeclitated warmth of 
exp esM on. I enclose an a. dress which was j.resentod to me from the freeholders 

fL mSrmi :rr''!T''''' ''•' ''"'!-^'?^ '^^'""'•^' •" ^''° P^-^^*^"^ disturbed i^teS 
he public mind\- at the moment of threatenni trouble to soothe and conciliate I 

was obliged to plod^.e my.elf in my answer that redress was rapidly app oach n^ 

When r was first sent to America, I was desired to lhvc every inform tion I 
could obtain to the SecretaiT of State. I was indefati^^vblo" in reseat newed 
on, '^'"^^'"h p ^•'':'' -^T^' ^'""'■'^'^ ^'••••" Newfoundland to Nootka SmTml 
I Zn nt c"in lb :;• 1 ' ''''■^"^'" *'«/;^>'' I considered its physical & political ad vantS 
V found It capable of boui- ma<lo the ^M-eatest h^mpire in the world. [ beheld her 
with a bosom of plenty m youthful luxuriance, nurturing- her venerable pare & 1 
rejoiced for my Country; 1 then turned my mind to the minutrconsi,/o 2 n ^ol 

I' o "'?/,'",''''"/''' ^ r"^ 1^'"'"''^' ^ 'Strove to cherish what was in infancy Fur 
T< lour <V Potash, ct to brii.ir forth what was in Embrvo, I, -on. Hemp & L imhor & 

oxponce to Great Britain ; i then contemplated her daii-or, her distance from 
polfon of l'" ^""^'^/"^^ '» t'^« A'"TC'^" «'a'e«, bet- internal resourceV& the S 

C U ect on oFTl'f; "r.,h fTT'"^ 1'T ""Tr ■^^'^'"•'^>'' ^"^ ^'•'^'" ^bo unanimitv 
na atfection o the Inhabitants and found her radically insecure because the 
people were disaffected to the Government, yet H^land had eve y .ood 
on'''Eai'th o b'"'' ^"' P^-.f-:--.,& ''='PPy, with'\.very t hi n,. c^i viable 
1 nd ; h T 7, ''' '•'«•>«"!' & temperate climate, she directed 

Const ntion-^o'fl" 7"T/''r ™ft.h«"""r''''lo tonure, she ordered the law & 
t^ro w ., rt? '";* ■' '"' f^l»'"'^f'^'-«fJ- She sent utensils and provisions for 

those who had ^uttere(l from their attachment to the Rmpire, she -^ ive establish- 
monts and protection without expence; all, without rents, rites Ihe or^ax^u ^ 
.U stiy she invited settlers from the States to increase popula ion and pai tici a e 
of these blcssinirs : bore w.is liberal reward * i-olifi^-a! wikiom in the cU omo b. t 
poisoned in administerin.,s the officers in Ihe land ^rai^ i^^ ]^^^pa,-^LTt Vom 
ava c.ousness to obt.un some paltry fees, threw every difficulty- in the way of the 
Loyalist and invited Settler, because by proclaraatinn they were promi.fed land 
without fees; tho.e whom they could n,ft frustrate were sent to a distance n the 




106 




m 

1 m 




CANADIAN ARCHIVE8. 



wilderness uiilesti they were I'avoii riles, or convenient subservient nn n, the valuable 
parts were granted in large tracts to themselves, to complying n^embtrs of the 
House of Assembly, to thuyo who could pay foes, or to any who wouk* be serviceable 
in the basest projects, in short the Crown Lands were bartered sooptnly for private 
emolument & public corruption, that the people were disgusted, "the Constitution 
ihoy so fondly looked for was withheld, the public money was not accounted for 
bctore the House of Assembly, and thoy concluded it was embezzled by the servants 
of the ('rown, they heard Gen. Hunter had sent near thirty thousand pound to 
England, they saw this Lieut. Governor endeavouring to frustrate tl: * verdict of an 
honest Jury, iV' openly endeavouring to ovei'turn the freeduni of K!,>ction, making 
the worthiest men victims, not only to their votes but oven to their supposed 
inclinations; add to this the exertion and oppression of the Shopkeepei' Aristocracy 
who rnUi British North Ainerica with a rod ot iron, a voracious set, who are linked 
from Newfoundland to the Mississippi, with great interest in England, & oven 
proteges in power, every man on !.;- arrival becomes their debtor, and' lest he should 
ever get exti'icalcd, they make every effort to defeat any ])roject that might bring 
forth the energies of the people, they are universally the Magistrates & enforce the 
demands of each other, they make every exertion to make any expenco in England 
from being curtailed, b'jcause every disbursement ])asses through ti i:r hands' and 
finally becomes their acquisition, the hmd & produce is at their mercy, but when 
the people saw them made rhe friends, companions & advisers of the LtViovernor, 
with everything at the command of the upstart wretches whom thoy had lately 
known in the most despicable situations, they were ready for revolt, the cup of 
bitterness was full, & look(>d to a rupture with America as joy; in many places they 
have met & trained on the Anniversary day of American Independen''e as they were 
accustomed to act on the King's birthday & they behold the Americans building 
forts, & embodying their Militia on the opposite side of the St. Lawrence as a 
preparation for the dissolution of their bondage. My letters to the Secretary will 
shew how long & how fully I have rei)resented the state of this Province, & the 
causes which gave rise to this universal dissatisfaction, they will prove for what 
reasons & by what insensible degrees I have been brought f\;)rward, 1 have detailed 
every act, everj' thought, they are documents to prove mv primnples and ray 
investigatjons, but nothing can shew you the wicked c\: despicable attempts that 
have been made to oppi'oss an drive me from every principle of duty & force me 
into their I ■estructive faction. I feai- much evidence from the Eastern part of the 
£• evince on account of my not going tJircuit, altho' I never was there the people 
fancied they would find satisfaction from, my conduct, as the other parts of the 
Colony where I hail presided had taught them to ex))ect, and surely this was no 
time for the Lt. Governor to rouse indignation by shewing liis puerile enmity to a 
mj^n who never had done him an Injury? but who laboured to prepossess the public 
with the most favourable idea of him oven before ho arrived, until the violence, the 
ignorance, & the meanness of his conduct forced me to give him up. I know he has 
no regard to truth, i*c that he is capable <if employing the vilest tool to say \- swear 
to any calumny; I am satisfied th it my opinions on th; unnecessary expencc that 
is heaped on England, the illegality of foes, the land jobbing, I'c the arbitrary system 
that is pursued, has raised me a host of foes ; hut I defy all the world to' lay any 
crime to my charge, either in my public or piivate conduct, but that [ am jioor, \- 
that neirlier myself or wife (from being reared in the lap of alHuence) understan<i 
the management of money, I't at the same time I will pledge myself to prove the 
truth of every line I have ever written to your Departm- nt,& justify everything I 
have ever done or said, in or about the Province, and should it ever be my good 
fortuue togo before the King & Council, I will lay open such a scene of depredati »n. 
op})ression & vicious conduct as must naturally have incensed the people \' that the 
system I have over pro|)osed is the only one to harmonize & conciliate the people, 
to jiresorve the Province, prevent its being bur lensome rendei' it valuable to Great 
Britain. One step more & 1 have done. We arc on the serge of what I have often 
depicted yt long feared, yc-t in thi.-. desperate stale I would pledge my life to sati^ly 
every grief and unite almost every beinu- in a fixed determination to preserve in the 






NOTE I>.~l'OLITICAr. STATE OF Ul'PER CANADA IN 1806. 



107 






lufit extremily llie Province to (Jrcat Britain, ^ in such a wild.a-nobs so iiilefsocted 
Avith water it ecjuld be easily done were the hearts of the people more animated in 
the cause, for they love Enghind and her ( Jovernnient, but they feel themselves 
trampled on by those they despite, they find themselves defrauded of the Roval 
promise which they know was intc^nded to be fnltilled ; they see that neither the 
i-^-itish Law or Constitution is administered to them & that where they expected to 
be .'veenien they are treated like slaves. 

1 enclose you the last address of the Indian Chiefs to the Britishai^ent in which 
you will find they accuse the Executive of embezzling their money, they also desire 
their money to be laid out ;n this Province, but their money being placed in the 
English funds, is the strongcft tie to hold them to (Ireat Britain, \- my influence is 
such with Brant & other Chiefs that I will undertake to reconcile them to the money 
going toEngland, if they are only done justice to in other points. Surely their demands 
are moderate, & it is only just, wise & politic to grant what will satisfy or conciliate. 

The worthy & intelligent Mr. Cooke, when he congratulated me on this appoint- 
ment, told me it was worth one thousand a year. I could now convince him I do 
not receive above six hundred & iifty, & that 1 have been cheated in two years of 
three hundred pounds circuit m.oney; however I must now entreat (as a mark of <lis- 
approbation of my being prevented from going .Judge of Assize) that vou will give 
directions for the Lt. (ioveinor to issue a warrant for my receiving the nioney allowed 
tor the Circuit I ought to have gone in my turn it will be justice to me i»c g'ratifvin"- 
to the Province. " . „ & 

Would it Le your pleasure to continue the old system, I must pray of you to 
place me in any other situation where I may render justice in tranquillitv, or serve 
Kngland in any shape, but here where every attempt has been made to d"'eprivo my 
family even of subsistence, & every indignity has been offered to mvtelf it would bo 
impossible to remain, but if the system is changed, iV a new Governor will make 
justice the basis ot his administration, 1 can ensui'e him i^ the people hapiiinoss 
harmony and prosperity. ' ' 

1 have the honour to be (with great respect) 

Your much obliged i*c obedient bumble servant 

JiOBERTTMORPE. 

Enclosed. 

(thand RrvER Indians to Wiij.iam Glaus. 
{p. 2«2.) 

To William Claus Esq Agt. Ind. Affairs iV:c. .^c. k^. 
Brother, 

You'll excuse us for so often troubling you upon the same subject, but having 
lately held a Council of our Chiefs on the Grand River on which we were unanimously 
of o ir formor opinion & resolved that Mr. Pentield should have the grant for the 
Township originally sold to Philip Stclman, & l.y P. Stodman to 3Ir. Mageboom & 
Ilageboom to said .Mr. Ponfiold, Mr. Ilageboom having paid us a considerable sum, 
we should regret that he should lose anything by us,'& from a connection between 
.Mr. Pentield .»c liim, we think Mv. Penfield the proper person to have the grant in 
order that none may be losers, & that the commnnitv at large may know ^liat wi^ 
deem our words sacred & shall always if possible fulfil any bargain we fairly enter 
into, as wo certaiidy have in the present case with Mr. Daniel Penfield. 
Brother, 

With respect to the disposal (d'aiiy moneys tliat mav in future be paid for 
land sold by us, it is our wisa it desire, that the Ti ustees put' out the money in this 
country, as the interest on the same will commence so much sooner & if "so much 
greater than if sent to England, the propriety of this, experience has Taught you. as 
It IS such a length of time before we can reap tl.e least advantage from moneys sent 
to Europe, tV: of co'irse considerable losers ; for instance, we have lost, or at least have 



■1, 1;, 



108 



CANADIAN ARCIUVKS. 



iiiH 



I 



i 



had no account of the interest of £.t,602 Hf. Cy. since ti.o 2:5r(i of May 1804 & on 
the mmoi upward. of £4,000 II. Cy. sineo May, 1805, on which wcexn.fcted in'tercat 
ot SIX per cent per annum, on a low calcuhition nine Thousand dollars, & instead of 
i^co.vmgsix per cent we need only expect four per cent from the English funds. 
All this we wish the Trustees to take into consideration & to study our interest aa 
It was for this purpose we nominated them, & not the Executive Council who now 
aione seem to take the disposal of our moneys on themselves. 
Biothcr, 

Having been long in an uncertain state with respect to a Deed for the residue 
of ourlandsonthe(rrandllivor that has not been patented we wish & seriously 
request you to let us know how far & whether his Excellency the Lieut. Governor 
has It in his power to give us leliof, if he has it not in his power to confirm it to us 
by patent we would wish to know so, that we should not attach blame to where (hero 
is no right so to do, .^ that wc may then apply elsewhere for a regular deed, or gram 
foi the same. Ihe Chu- s hope that with respect to the Land for which Letters 
patent have issued by aulhority, that the Trustees do take immediate steps to carry 
our intentions and resolutions into erteot so that we may be reaping advantages from 
our sale or them. ° 

Brother, 

„. , r m'' fP'-" /'T'"^ \^l''\ '" J""*'"'^ '^ ''^'''^y ^he Land Block No. 1 is the pro- 
pel ty of Mr. Daniel Penheld, & it is our desire that the grant to him be completed 

so soon as possible Ac (hat the Trustees do take the proper steps to have the same 
arranged, as we do not wish by quirks & quibbles of Law to evade doing him 
equal justice with any Lord of the Land. ^ 

Brother, 

At the Council lately holden at the (h-and River, I was by the Chiefs 

assembled requested to deliver' you (his, their address, from their bein- at this time 

of the year busily employed at home they could not attend here with me. I have 

herefore committe-l the same to writing so that there may be no misunderstanding 

(hereatter. "^ " 



Niagara 2nd .Tiily ISOT. 



JOS. BRANT. 



♦ No. 42.-JOHN MILLS JACKSON TO LORD CASTLERIOAGH. 

(Canadian Arc/lives, Series Q., Vol.310, p. 291.) 

To THE RroHT Honourable Lord Castlereagh. 

Belle vuE, Southami'ton 

September 5tb, 1807. 

Mv Loiu),— I had the honour of i'oiir Lordship's favour of the 29th ulto for 
which I beg to return you my thanks. Am afraid it will not bo in my power for 
some time to wait on Your Lordship in London, much as I desire to have a norsonai 
commumcadon wi(h Your Lordship relative to transactions which has taken place 
in His Majesty s_ province of Upper Canada. I will (herefore content myself with 
relating a tew ot those grievances which has unhappilv produced these etlects wiiifh 
are to he apprehended in that country. 

On my arrival in York in Augi-st 1806, I found much discontent amongst the 
majority of the people, & some of (he Officers of Government complained of the 
treatment they had experienced from the late Lieutenant Governor. By proclama- 
tion those who had served in the British Army in America, during the" Revolution 
T/'^/'^Vr''''"'*' ;\,''^:''^=^'" P"''t'«" of Land in Canada for their services, and who are 
stiled Military Claimants, numbers of these have been wounded in his M-'ie«ty'« 
ser.'ice, wiiu are now good subjec(s, but who have never received that compt ation 
promised them by His Majesty, altho' they have made frequent applications have 



NOTE 1).— POLITICAJ. STATK OF UPPER CANADA I\ 1806. 



10!) 



SO 



nr°.«lK''?".f' v." procure what they wore so Justly entitled to, & wLiHi wa 
lilr)'-al y held out to them by the proclamation at that time 

Also there are numbers of Loyalistn, who in consequence of their attachment to 
the Crown during ho American War, huvin;,. lost their property in the St^t^s & 
who were by proclamation promised remuneration by a grant of Land in CanrnJ-f 
vast numbers of these with their families are now settled i^n the Prov n e but who 
having been deceived by the Administration in Canada, were obliged opi'.rchasror 
to locate Lands by paying the Foes, when they ought to have leceived hem a«i 
Bonus from the down, free of all chargoB whatever 'eceuea them as a 

Many also are now in that countiy being unable to pay the Fees & who also 
of Eight ought to have possessed Lands are dep..v-.d of thti/claims on the' ove n 
ment, altho as much ent.t ed to receive thoin as those wi,o by partial ty are in 
possessiou of some of the best and most valuable tracts in the Pmvince ^ 

who b.?,f. 7.^,3'" ' ^'.? "^A" ^'* «"fpriHd when I tell you that vast numbers of those 
nho had claims on the Government from the treutment they experienced & not 
receiving that compensation, which it was the intention of His AlajestT 1 ould be 
allow d them lor their services, have deserted the British L.terest^t tive se 'ed 
wuh their Families in the United Staten, becoming subjects of a fore rGovein^^ 
hUere^t i:'^rKv;;ir ^ '^^^ ^^ ''- ^^^'^-^ ^^Isadlantage to Hi^^^^^ 

The dismissal of these who hold office under the Government by the present 
Lieutenant Governor, has tended to create mu,-h discontent amongst the l4,> e lor 
It appears their only crime, was tl.eir attachment to the Constitution & th ^m,'. Is 
of the Pec pie, ct who were in a laudable opposition to those who were tr.mni ni, m 
the.r hbert.es especially on the Freedom Vf Election, .^ the cfioi e o t H o^.j y 
of the freeholders in the nomination of a Representative to servo them in Krlif 
ment, this gave great offence, & has tended much to weaken the n tore tof he 
Government in every distria, inasmuch as that at the next general Hlec ion wh ch 
wll happen the next year there will bo found few to support any measiu'e wh ch 

Is Majesty s Mmisters may think proper to recommend ^ I am well as.urVr 1 at 
the People will send a Petition to the King, when if their Grievances Vivrt 
redros3'd it is to be fear'd, very serious evils .^il be the coaseque^'nce, .e nr' wh S 
hoJ r^ .'''"." 'Vf "«ta very worthyman <^oneof (he boBt subjects HirMaMv 

has,& one who liolds no less a situation than a Ja.lge of the Court ot K nJ^ 
Bench whose attachment to the King & our excellent constitution, not e^en S.- 
Lordship ,s more a friend to. He I understand has also been si^spenJed & I 'it^ 

raid much misrepresentation has or will reach your Lordship respecting the Vr. 
duct of some of those to whose exertions the Government are m.ich ndehted for the 
ranquU ity which has lately reigned in the ,,rovince, but which i Sve y m my 
honcmr I won d not answer for, unless the (iovernment at Home remo^^ theSi bv 
convincing the people their grievances shall be redrossVl & by the admhd traU m of 
Justice to Hh, whereby the Inhabitants will find, that thtir situation ha Ten 
attended o ut Honve; by these means the affections 'of the people in the Co lonvmay 

ne., T !" • ;r^''' u-'''''''^'^^'?'' '""^' ^'' '^'' .osnltfrom theexcrtions of a 1 boiS 
peasantry, in the cultivation of a soil capable of producing every article henefic al 
to the Mother Country especiHlly in the production of great quantities of iSp & 
of ;;;,r"V' V T r'^'i'V^'" ^^^ e-^entinUy necessary to The maintenance & exSce 
o^our ^avy& which I apprehend we shall soon stand in great need of a the 
Northern ports are now (,hut against us. ^ <^« i oi as me 

The Liberty of the Press that grand palladium ot British Freedom has been 

shamefully viola ed in the refusal of the (Government in Canada to suffer the mai.S 

ot the Inhab.tan s to vindicate their character (I m.an in the Home Distri. ?2i 

he most foul and malicious misrepresentation, which appeared in the York Ga--eZ 

heaccusaionof ebels being falsely bestowed upon thorn in a publiSon im le'^ 

he Inspection of the Lieutenant Governor & when the public had mot to v .di "ate 

their character from this unfounded calumnv their resoh.finn- ,„„./l.V ..i"__'','r 

be printed this produced a violent sensation in the minclsofthe people arinX'the 

Governor for such an arbitrary procecling. It will not be amiss Lre to hiform 

your Lordship that «o-ne years ago a va/t number of stores of all denomination^ 



110 



CANADIAN AHCIIIVK8. 




V I 



yco .CM out l.y the f.ovornniont ut Home for the U80 & boiu-tit of the settlors in 
tlio lirHt ocoupation ot the Lmd^, x wl.en the (Jovernmont wan removed to York 
from ^la-aru vvlnch vveiv never -iven to M.em ; those stores tiro suffere.l to decay 
.V uhich ought to he sold, whorehy a sum of money might bo raised & which would' 
lessen the expenditure of (he future 3a>ar. iv vmcn wouio 

si,l^r!.M';*"„n * V''" ^"''" ^■''\ "i"*"''^ ?!' ••^P^T"*'"^' ^" r''' f^or^lHliip, that a con- 
eiUeiaL.le .sum of money mighc be sav'd annually to the Mother country and which 

.8 now and has boon cxpen.ie.l in the support of a useless Marine on the l.alce, which 
tor halt the year cannot be navigable on account of the danger attending thereon 
and then, not l,oing hands sUlic.ent to man them in the Summer, so that there is 
ahxays ..no in ,)ort Tins Marine consists of three vessels, a Ship, a Bri« and a 
Schooner, and which are (excepting the Schooner) of no manner 'of beneficial use 
T>i.l ; \ I cou d convince lour Lordship from extracts of some letters that the 
-U bcontont of the Province has arisen to an alarming height. I betr vour Lordshin 
wil pardon the length of this letter, but the subject is of ti.at nmgiiituSo andTnT 
portame whi.l. 1 shou d hope will plead my excuse in taking up s^o much of your 
uordsliij) s tim(>. j""'^ 

Some of the Indians settled in the Province aid who wore our firm allies to 
whose services the British (rovernment are much indebted, have much .■auseof com- 
]>l.iint, \ which [ approbond will .soon be made known to your Lordshii) 
tl.« \f '';;'"■'''';'■ ^'^ '' I';'"P^'^' '>Mi''l"tio" much money undoubtedly might be sav'd to 
nf . « !r ^7'""'^'' ^^- 7. 'I Jo^l'^x'"'-^ arrangement the Country would soon, instead 
(tn.. /'"'!• T ■'''"' "* nnniense value to (Jreat Britain & the Province from its 
C...i).ib.litx ot Imprm-ement wd soon be filled with Inhat.itants, who w.l defend it 

GreJiTfi !".l,?l'n'''%r '"^' "" ','r\''' ^^'"/"''^ '' ''-''' "»'"M)l)ily break out between 
TieatBnlain\- ho S ates) wouhl be made to occuj.y that part of British America 

b h! nr'!""'l'-' ^''%United states, but at present from the' disaffection occasioned 

f y « tT T' .^ r '^""'^1^' ' ^^"' ^^'''"' ^^""'^ •'« '^'^^i'y t.iken possession 
ot 1. It ,s to be feared the people wou'd not be very warm in the support of the 
B.tish Interest c\: thus won <1 this hne province be an easy conquest 1,1 ho enemy 
which had a proper system been pursued by a strict, adbe,4nce to the Constitution 
so libera ly given them by his present Majesty, might have bid defiance to tbo Unito.l 
States, the jieoiile being well convinced that under the mild and equitable Govern- 
ment of he British ( onstitution, no subjects of any Country whatever cou'd enjoy 
n ore perfect h rcedom than thos,. who have the good fortune to ha^■e become subiecN 
of our most gracious Sovore.gn .^ who enjoy the most perfect happiness when the 

bMbJ' ,;•'"' ;>(tl'."^,<^;""ffaon is adher'd to.' The apj.lication of Mono^' 
(b) the (.overnment) raKsM inthe Province, without tho sanction or vote of the 
Commons House of Assembly, has added much to the discontents of the people 
Mhich your Lordship must ul ow is the most unconstitutional proceeding that cou'd 
have been adopted k- which of course prmiuced much dissatisfaction. 1 un.lerstand 
.here IS to be a Court of Chancery estHblishcd in the Province; much mischief my 
; k*!^;, iT n? '"f ^'•;;'""f «f ;:'"";' .-f '^^^ l»-<.ceedings, at present the Land cannot bo 
aken b^ u creditor tor debt, .t which is a very wise system. For wore it otherwise 
tlK. Land would get into the possession of a. tow persons, who wou'u contrive by the 
advance of u tnfiing loan, or probably by some more nefarious i.roceeding to -et 
many oi the Land holders in their debt, the consequence wou'd be the La.rj wou'd 

nroileHvvfV n'',o''!/H ''"'"■ "'" "^^l"'^ ^"''S'^' '"'^'''^ he foreclos'd & the 
piopeit^ taken out ot the possession of the original occupier. The Legislature saw 
thein.onvenienceot this ct did not suf)ject the land to be seized for i>el.f The 
intention oi the tTovernment was to grant the Lands in proportions of two hundred 
acre lots whereby the country, from the number of inhabitants wou'd thereby be 
sooner clear d and ])iit in a state of cultivation. "^ 

My object shall be on my return to Canada to endeavour to render tbo Colony 
as far as may be m my power, beneficial to the Mother Country, for which purno'se 
previou.. to my going, 1 shoud solicit the ho.our of an intei^ew with your Lord- 
shi].. J now beg leave to subscribe myself, ^ 

Your Lordship'r, mufst obedient & very humble servant 

-lOHN MILLS JACKSOX 



NdTK I). — PMLITIOAI. HTATK OV Ui'l'Kll CANADA I V 180P. 

No. 43.— .lUDGK THOltPE TU l<:DVVAi{I) COOKH. 



Ill 



^Canadian Archives, Series Q., Vol. 310, j?. 314.) 

YoHK, TJiM'ER Canada, 

Sept. I8tli, 1807. 

Dear Sir,— A letter from Mr. Stanloy (wliich l.y iiccidont I received) informed 
me of your bom,:,' reiiistalod with Lord Caftlorough in ihe Coloiiiiil Dopiulmenf. For 
two years 1 have coiisiderod witli sorrow the exiwi.ee tliin province entaii« on 
Ent;land. I have sliewn how that mif,'ht bo curtailed and the value of tlic Colony 
auL'mented, with ,a;rief I iiave eonsidored the di80(,ntent tbat prevails, 1 liave stated 
the causes and pointed out the remedy. Mr. Pitt & Mr. Fox were of opinion 
tliatthoonly mode by which Canada could be retained, was by n)akii.<,' it as honeficial 
to the settler as jjopsible, i\; by [•enderin<r tlio inhabitants so happy that they should 
tind nothing amongst their neighboui's to envy or desire, but all the benevolence and 
wisdom of England was frustrated, these blessings were not administered. The 
lioyal proclamation promised Innd, provisions, & utensils, to a few they were ■Mven 
profusely, to the many they were deiued k to some extent they were sold; so'^that 
Bntisli honour was in as mu(di estimation here as Xumidian Faith at Rome. 

The Mini.«tor directed land to be given in soccago tenure, yet the people were 
almost driven to arms before they could obtain anvthing but leases. The British 
Parliament gave the Colony the British Constitution, yet'tho Fxecutive never would 
Mitfer tlie public money to be accoiinttxl for i.eiore ll'ie House of Assemi ,y and for 
the ]utiful patronage of one thousand a veai', the people were deprived of the very 
object they came to enjoy. Thi^ Province adopte<l the Fnglish Lav^ but the people 
iound that power intl:ioncc(i the decisions of the Courts and defeated the verdict of 
the juries: In short the liberality of the Crown, the wisdom of "'arliament & the 
system Jigreed on by the great^jst politicians Fngland ever produced, as the 
only mode by which the province could be retained was all despised it (he converse 
l.ursued. The fow wore aggrand-zed and enriched; the man/ were to be oppressed 
and impoverished, every establishm.ent was to bo kept up tt every expense to England 
continued because the few were to ho benefited, but m^tlnng was to be at^omp'red to 
improve the province, because the many were to be depressed, the Crown land waj 
to be heaped on the few & withheld 'rom the many, beiiauso it would be useless to 
tiio raw if the many were not driven to purchase. The shadow of the British Con- 
.stiiution was given to the many, and the substance retained for the few, the Law of 
hiigiand was above the consideration of any, but the parties ccnccrne<l under th" 
consKleration of all, the result is what might be expected, the whole body ^f the 
inliabitantshail with joy, the threaten'd rupture, that they may (!v from i/ertidy ,t 
oppression. I am sick to the heart, I hav. toil'd & labour'd, m^y mind has been in 
continual action, by doin,-- my duty str,., c impartially, I have gained the confi- 
ilenco & the affections of the people, & Iwill endeavour to retain it, as the only chance 
tor preserving ti'aiKiuillity. 1 do not mean to give otfence, brt my mind is'so full I 
must speak the truth ; it may be my last effort. When the people found tlio Mon- 
treal Merchants, through Sir Win. (Jrant able to make their Attorney (.'hief Justice 
of the Pi'ovince, the eup of bitti^rness wanted bii; one drop to make it overflow and 
that \vas quickly addeil whenM..(Tore was appointed Lt. (Governor, a m;;n whose 
violent, arbitrary, vindictive, solfsuflicient conduct would not have answerM for the 
regions of Bengiil, & which a boy in an upper form at Eton would have been poli- 
tician enough to declnr^- ruiu(jus in a (>)lony only divided by the St. Lawrence from 
the American Stat. Ir ,,uiy be necess.ury to inf)rm you tiiat the mighty & favoured 
.ew, are composed (^f h U'pay otlicers, that have uppointmunts, .*c shop keepers, that 
are Magistrates, those are the extortioners, oppressors, revilors of the people these 
are tha advisers, companions & friends of Mr. Gore, whose will was to be the Law 
not even a vote given but as be a.^sired, and to support this despoti,-,m the Crown 
liand was distributed for avcvy viv'ious purpose that (iouid be devised & for no one 
good purpose for which it was intende.i. Mr. (xoro is so weak, so rash k so confi- 
dent of Lord Casiii.reagh^ protection, that I suspect he would have suspended me 
toi' not assisting him in •cceiorating the loss of (he province; it wouM have been 




'B>« 






112 



CANADIAN AKOUIVES. 



J li 



desiial)le as I would then have hud an opportunity of laying the whole sy.to.n befoi'o 
the King and Council, but the province got at lu.^t into nueh a state that I dreaded 
being obliged to leave it, & here will 1 now remain (unless the Secretary orders mo 
away) while it can be held for Gt. Britain. But oven twelve months a<ro if Mr 
Pitts intentKjns for the Government of this Province had been followed and a di-ni^ 
faeu sensible pohtioul man sent as Governor with an intelligent liberal active man as 
Ohiet Justice, tnis Colony would have armed en masse & defended itself without anv 
expence to Kngland against all the power of America, for it is a wilderness so inter- 
sected with water that nothing could penetrate it; If it was the interest .)f the people 
to defend & Government had their affections to animate, all weld be security 
1 • ^'\.r?''''r, ^^"^ ^" London Canada, absolutely abdicated the Province in vio- 
lation of his Commission, without any person being sworn in to administer the Gov- 
ernment. As to this place it is not even protected from the Indians, & if there is 
war cwluch God avert) there will bo mischief from these savages, but if the <rood 
sense ot both nations should continue peaoe,and Lord Cast lereagli think of sutlW.jn.r 
Mr. Gore to remain & his system to be pursued here, I hope he will quickly nhice 
me where T may quietly do my duty. Wherever I may be placed he shall always 
hn.l justice and integrity, the standard of my actions and the measure of niy 
ambition, •^ 

I have the honour to be with great respect & esteem, 

Yonr most obedient humble servant 

ROBKRT THOHPE. 

P.S. I send you two papers which with other matters already forwarded will 
assist in proving the impotent malignity of Mr. Gore's conduct to me. an' his insult- 
ing me (for election purpose^) in ordering my name to be omitted in the Commission 
of Assize on which I have appoiU.d to the justice of the Secretary of State for 
redress, many of the respectable peopie raised a sum of money, which they nresented 
tome vyith an address, as a compensation for the sum I should have received by 
going circuit Mr. Gore sent forward his sycophants to i.uhico some persons to 
insinuate that there was no such meeting & sign a paper &c to that effect This 
being publu .led produced a reply which I think has suffl.'iently exposed him and 
liis pititu. manoeuvre. Since I have written the above I find l" cannot procure the 
paper with the signatures for a few days, but will enclose it in the dujilicate. 

E. T. 



No. 44.— JUDGP: THORPE TO EDWARD COOKR. 

Canadian Archives, Series Q., Vol. 310, p. 321.) 
(Private.') 

Deaii Sill.— I lament being obliged to trouble you on my own affairs, but I have 
just heard that my bills drawn last January are protested on account of some form 
being omitted in the v^ertiticate, which never was declared to be necessary until last 
May. How was I to know anything of this, und the misery it may accumulate on 
me and my family no one can tell, for it will ruin my credit, and the expence will be 
very heavy. There will be ten per cent charges, six per cent interest protests and 
postage, besides three per cent loss on each set of bills by exchange- 1 ne-er ivive 
received a shilling by any fee, I have been che-ited out of three nundr'ed pds Circuit 
Money. I never have had one acre of Land, I am not able to send my children to 
school, for I declare to God in this expensive place without a Jiouse or anythimr of 
my own, I am scarcely able to clothe & support my family, yet I have «nven un mv 
profession i: thought to be happy & affluent in America, yet I toil for eve^and bccaust 
1 will not join with these rapacious opprcrisive wretches, and ask them fo- favours 
1 am driven to every difficulty hero and annoyance heaped on me from home. 

I am Dr. Sir, truly your distressed 

& grateful humble servant 
Sept 20th 1807. ROBT. THORPE. 



„.ii 



•^:;:-./,_;-^i^.- 



NOTE D. — POLITICAL STATE OP UPrER CANADA IN 1806. 

No. 45.— LIEUT. GOVEENOE GOEE TO GEOEGE WATSON. 



113 



York, Upper Canada 

1th October, 1807. 

My Dear Watson,— Not having hoard from you since the Uth April last, I am 
almost indiicod to suHpcct that some of our democratic faction have found means to 
intercept my letters ; however us Mr. Justice Powell is daily expected, I trust my 
anxiety will be relieved by his arrival, and that I shall have the satisfaction to loam 
that my friends in England, whom 1 deaily value and respect are well and happy. 

I now avail myself of the opportunity offer'd by a Lieut. Erskino of the 6th 
Eogiment going to England to write to you, and as T consider the conveyance safe, 
1 shall perhaps enter into my situation hero, and that of this province mort >t 
length, than I should venture to do by the usual mode of communication ; leaving it 
to your discretion to communicate such parts of my letter to our mutual friends, as 
you may deem prudent, but with thid caution, that if my privatecommunications'are 
not made with reserve, they will find their way back to this country. 

Soon after the receipt of the anonymous letter (a co])y of which F sent to you) 
from New York, I received information from a merchant of respectability residing 
there, fully corroln^rating the statement made by the writei- of that lottci'. In con- 
sequence of which, Idispatch'd a confidential agent to the United States, to obtain 
infoi'mation anil watch the motions of a party formed in this province and connected 
with United Irishmen in America, to subvert the British Constitution in Canada. 
This agent has ascertained the connection of Willcocks (Mr. Justice Thorpe's editor) 
with Emmett and 60mo of the Ilepublicans in Now York, but they conduct the aft'airs 
with such caution, that it is impossible as yet, to convict any of the parties here. 

The venality of the American postmasters made it an easy matter for the agent 
employ'd to procure a sight of letters address'd to the parties in this Coui'rtiy, 
although Mr. Thorpe had the precaution to direct all letters for him, to be put under 
several covers to other people, 1 received information of his scheme. 

The Letters No. 1 and 2 from Mr. Wyatt to Mr. Thorpe and Mi-. Baldwin were 
copied in America and sent to me in cy])her. As these letters, however the writer's 
vanity and folly may apjjoar to you, concern me persoiutUy, I transmit them to you, 
in the confident hope, that J have friends in England, who will not admit of my 
being beat down by falsehood; because Mr. Wyatt may have interest at Court and 
with Lord Wellesloy. I can conscientiously declare, that I have been actua^ad by 
no personal motives. I have ha<l the King's Interest only at Heart, and that I have 
and ever will contend against Democratic ])rinciples. 

The newspaper, alluded to in the inforiuatious from New York, has commenced 
its operations, this i)aper is distribut'Hl gratis through the country, the violent abuse 
of the GovornnuMit & (ho personal atiacks. tito notoriously believed to be the 
productions of Mr. Justice Thorpe, and altho' oveiy man in the country is convinced 
in his own mind of the fact & a combination of various r'irciimstanccs reduce it 
to a moral certainty, yet we have not proof enough to establish it in a Court of 
Justice. A series of Letters signed A Loyalist are ilr. T's, who was weak enough 
before the fiist of them made its appearance, to shew the manuscript copy to soi'no 
of his Friends. [ fear 1 cannot ])rocure a series of these ])apers to send to you, 
indeed if 1 could, so much explanation would be necessary to make you understand 
thorn, that I have not time by Mi". Erskine to enter into them. 

That Mr. Thorpe is supported I have I 'do doubt, his olitaining money from the 
most sus])icioiis characters justifies me in making this conclusion (No. H). 

Mr. Wj'att's wife was so much alarm'd at the lengths Mr. Thorpe had urged her 
husband to go to, that she secretly afforded information (No. 4). the infotmalion 
relative to Ihu printer is perfectly correct, Mr. Thorpe having sent many messages 
by the United Iiishnian Willcocks, to induce him t-o leave the sei'vice'of Govern- 
ment and ])rint tor the people, and that his influence wou'd procure him two thou- 
sand subscribers. His boast of upsetting the Government of Prince Edward Island 
ho has made to many. 

7a— 8 



I 



* '! 



I II, 



114 



CANADIAN AnoniVES. 





.1 <lor.f ^:'^,^°';"'"0» ;v.Il 1.UV0 reuHO., to ropont of not havinK before now come to 

Jor umtrucdonH but urn left ont.roly to my own discretion. J cannot help eolin.. 
this n,.t nn a pnvato el.aractor, bnt for the nuko of the King's Government which 
by tins ,na.. an.l his party have l;eon constantly held up to the people as wicked 

Sirtr^ti;:;; fr;- ""»'^ "^^^ '" tins general censure a'nd abuso^rS included the 
admn ustr: tion of Generals Simcoo and Hunter. Altho' Mr. Wyatt states to his 
friend hat Mr. Thorpe is suspended, yet till I receive official notification of t Is 

«Z ' aT T *" r"r • "''I'V'- V'i' «»«P«"«'o» I fear will not have the desired 
ZL. r ^- 's ' eepb- )" debt and has conducted himself in such a shameful 
Tnv .'!. T'^"^" •'!" ^'•^''^'^r'-«' *l^«t they are inexorable. I fear ho cannot leave the 
lToTniy!'r il'^'xT''^' ?^ P^'-ect indifference what becomes of him so that 
,we can be relieved). It ,s melancholy to reflect, that the fate of this man will be 
vlnlt^! 'I misery ,md want, such indeed is generally the consequonc and end of the 
Ji actions schemes or Demagogues. 

If Mr Thorpe can make his escape from the numerous creditors that are beset- 
ting him, I have no doubt of his taking to England an address signed by every dis- 
altected jjcrson in the province. » j " j' "">- 

Do not comeivo that I am apprehensive as to my own condnci. Whatever roure- 
sentations 1 have felt ,t my duty to transmit to theSecrotary of State, relative to the 
conduct of a dangerous I action in this country; those representations I have accom- 
pamed hy documents to substantiate my statements. I do not look for the support 
of (.ovren at Homo as a matter of favour or Interest. The King's interest shall Uvor 
be invaded, while 1 am intrusted with his Commission. I cannot refrain from givin- 
you an anecdote, respecting the Democratic views of Mr. Thori)e and his party— the 
last interview flus worthy Gentleman had with me, was on some agricultural busi- 
ness; on the subject of Hemp we had a long discussion. He then said We (this was 
before he was in the House of Assembly) shall prepare a Bill for the House of 
Assembly to dispose of certain Lands and that the moneys arising from these sales 
should bo appropriated by the House to particular purposes. I told Mr Thorpe that 

o?Jirrls',hn/"^'' f ''T,^'"^"'^''" u^'^? Ki"g:« property, that the Democratic part 
of the Constitution should never, while T had the honour to administer the Govern- 
ment assume apower that the Constitution had not invested it with. Durin<' Mr 
i-resident Grants Administration, this party urged the House of Assembly to the 
most unconstitutional assumption of power, even impressing on their minds that they 
were paramount in tho Government. You need not be surprized that when two 
otticers of the Crown hold sucn language, that ignorant men may be deceived (No 5) 
During the last Session, notwithstanding Mr. Thorpe's violent opposition every 
measure was carried that I wished. I took care that tho House of Assembly should 
be made acquainted with my determination to resist them, if they attempted to assume 
to themselves improper authority-. 

K-rv, ^^i^^'/i ^" '■«""■"«, to England,! wisHi Cooke wou'd puta few leading questions to 
him, whether he causd the addresses and answers from the Juries to be inserted in 
the newspapers. I wish Cooke to put this question to him, as if he supposed they 
got into the papers without his knowledge. 1 have Mr. Thorpe's letters now in my 
possession ordering these addresses to be presented. "^ 

™uv,V'T '""'^ ^""^ "*'^'"r' *? ,'"''^^ ^" '"'' '■'■'^•^'^ ^ J^''^*' "o yo"'- opinion, and not- 
withstanding every point I wish may by this time be adjusted in England, I wish for 
your opinion, and if ])ossible for others who are friends to both of us, it may be of real 
of dlfficuUr ""'''''"^' '"''' '^^'^"'''^^''^' ^ '•'^"''^ ^'^^^t^ contend with similar cases 

Eespecting Mr. Wyatt's suspension, T did certainly regret that there was a 
necessity of my l)eing forced by him to take such a step. His positive resistance of 
authority, left no option f^^n' me. It was a trial of strength between the parties-tlmt 
18 the Government and Messrs Thorpe & Wyatt. / o i i 

You will perceive by Mr. VV^yatt's last letter.thathe is anxious to make itappear 

he IS not connected with Mr. Thorpe in an opposition to the authority of Gov- 

• i he plan that Mr. T. proposed to Wyatt, was to prosecute me in England, 



that 
ernmenf. 



NOTE D.~POLITICAL STATE OP UPPEE CANADA IN 1S06. 



116 

and a Middlosox Jury would amply repay, for which purpose I conceive he in exerting 
himself, und his great Interests to procure copies of iriy dispatches. 

Should any of tlio ovonts which have boon passing in Upper Canada bo men- 
tioned to Lord Camden, I am sure ho will put the tnost favourable construction ho can 
on tho part I have boon obliged to take; you know how much I respect his opinion 
and that I am over anxious to conduct myself in such a manner, as not to forfeit his 
iriendship. 

■♦^i'u^" "" ''^"'^ *^''"°' ^'"^"^ ^ cannot enter into our relative situations with the 
United htatoH ; excepting from the newspapers I have little information, and you will 
hear with astonishment that neither Mr, President Dunn nor myself have received 
any communications from our Minister at Washington. 

Tho Indians are decidedly in favour of tho British and I have been under con- 
siderable apprehensions of their taking up the Hatchet against the Long Knives 
(Amoricans). I have instructed the Superintendents to restrain them, at the same 
timo to conciliate them as much as possible. I can assure you that these Gentlemen 
are no insignificuit allios. 

Mrs. Gore is quite well, notwithstanding we have had a very sickly season. 
An influenza has spread over the whole Continent' of America, and frequently ter- 
minating in a dangerous fever. 

General Moreau some timo since wish'd to visit, the falls of Niagara, and sounded 
some gentlemen at Now York, as to the chance of my permitting him to do so. 
bhould ho now make his ai)poarance I shall send him to Englai ', it is generally sup- 
posed that he is intriguing with Mr. Jotforson. 

I hope to hoar a good account of all the Arlington Street family. I have not 
written to Lord C. lately. 1 really am afraid of appearing too intrusive. I have 
every reason on earth to be grateful to Lord C. and however anxious I am to get to 
the Lower Province (but Halifax above all should a vacancy happen) yet 1 cannot 
write to him on the subject. 

What is become of our Attorney General, ho was to have left England in June. 
Conceive to yourself how J am situated at present, the Chief .Tustice in the Circuit, 
no Attorney General, from the illness of two of our Counsellors I cannot have oven 
the advice and assistance of tho Executive Council, and surrounded by Factious 
characters, taking every advantage of the weakness of tho Government. 

Notwithstanding all my embarrassments 1 am well & happy, and I fear from 
the length of this letter, you will regret I had not a touch of tho gout in my right hand. 

Adieu my Dear Watson, Affy Yours 

F. G. 

(Separate.) Whatever I have written in the accompanying sheets, I mean that 
you shall consider for me, and if you think the whole or any part worth communi- 
cating to any of our friends, of course you will use your discretion. I do not like to 
ta k of myself, hut I am sure you will believe me, when 1 solemnly assure you, that 
1 have not exaggerated any one thing, that 1 have resisted the advice and wishes of 
ei>ery man of property in U. C. by not having long since suspended Mr. Thorpe. Tho 
Merchants at Montreal and this place wanted to bring his swindling transactions 
before mo. which I have resisted because it should not bo supposed I had any sort of 
interference with his private transactions, however wicked they may be. 

Do not think I foi-get my friend George, indeed I hear so seldom from you, that 
I know not what he is doing. If ever I see him again, he will make me feel old. I 
wish to God I could get a seat near you on the Excise Bench. Of my situation here 
I do not like to write all I think. Sediti' u is gaiiung ground faster than I appre- 
hended. Mr. T's agents are over the Country getting signatures to addresses two 
months after such addresse-j wore supposed to be presented to him; in short I am 
in most awkward ;ind embarrassing situatioii ; at present I iiave no one to advise 
with. Lose no timo in everting yourself to got mo out of this province, I even wish 
some other person might be sent whn the administration may haveagood opinion of. 

I think it would ho possible to get me to Qnobec, nnvthin" would be better, for 
all my trouble and anxiety of mind to do what is right, I have nothing to compen'sato 
mo, no society iSs my income not adequate to the situation. 

7a-8i 



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I hope Cherry K's affiiirB are sottl'd uiid that tho Houho of Farquhar are as well 
and happy as wo wish them. 

Adieu my dear W, 

AfHy. F. Vx. 

Enclosures. 

Vo. 1. — C. B. WvATT TO Judge Tiiohpe. 
{p. 344.) 

(Tho figures in piironthoHis refer to tho " Romarks" which follow this letter.) 

Dublin May 19th. 
My Dear Sir,— At the tiuio I left Upper Canada, I had little idea of viisiting 
Halifax or this place; my paHsage from the United States has Iwen unavoidahly 
tardy and expensive. I howovor took every precaution which I conceived best 
calculated (o prevent any decision on tho part of Minister:-, unfavourable to the 
object of my undertaking, by letters to my friends which appear to have succeeded. 
I arrived in London yesterday week, found my Father absent &c. and my Brother 
on whose Judgment and Inteifercnco you know I much depend, starting Cor sweet 
Ireland ; he has at present the situation of ])rivato Sccretar\ to Sir Arthur Wellesley, 
who is Chief Secretary of State; my Brother has had an Interview with Lords 
CaHt|oreagh, Sidmouth, Wollesley and other great men, who promiyed mo every 
Justice. 1 am therefore inclined to think, there can be no doubt of my success, tho 
former is Secretary of State in Windham's place, to whom I can got free access, [ 
am persuaded, thro' various channels, on tho best footing I could wi^h. Lord 
Wellesley who received three messages from His Miijesty at the time cf tho late 
charges, calling him to the office of prime Minister, two of which from motives of 
delicacy his Lordship rejected. The third he complied with, was actually appointed, 
had appointed my Brother his Secretary but afterwards resigiiM. It is equally 
understood that ho is to come intu administration, as that it is his intention so to 
do, and has promised my Brother to engage your friend Cooke (1) now Under 
Secretary of State, with whom he is particularly friendly and intimate, in my 
interests; Mr. Ilonry Wellesley has also promised to exert himself for our success; 
he is one of the Socretarya of tho Treasury: I am therefuio of opinion, that I com- 
mand together with my Father's Intimacy with the Duke of Portland and connec- 
tions at Court, ii hearing upon as good grounds as we (2) could wish, an 1 I think 
you will not think me too sanguine, acquainted as you are with the politicks of 
Upper Canada, in an idea entertained of being able to raise sufficient Interest to 
secure an honourable triumph in the cause in which some of us are engag'd. I am 
now residing with my Brother in a very handsome and spacious ai)artment in tho 
Castle of Dublin for the purpose of communicating to him the matter I ])ost^oss in 
support of the conduct both of yourself and me, as connected with the mutual interests 
of Up])cr ('anada and Kiigland, and tixing in cooperation with him and I trust Sir 
Thomas Featherston the best plan for mo to pursue. I thought it best so to do, pi - 
ticuhuly as I apprehend no injury to tho cause, by a short delay upon my part. I 
send you a copy of my letter to Sir Thomas F. who I am determined to rouse into 
activity as well as a sketch of the plan I mean to pursue, that you may anticipate 
tho victory. I am persuaded we must succeed, and even aspire to some favourable 
changes for yourself an<l mo. I believe Mr. Staidey has gone to the Prince of ■ 
Wales's Island (4). If I .am not too late, I shall oiideavour to provide a irood 
Attorney (leneral in his place. When my Brother had last an interview with Lord 
Castlereagh upon my business. Lord Castlereagh told him in the course of conversa- 
tion that he had Just referred a large massoi'iKspers to the Chuncellor which conceive 
must ])r()liably have been relative to the establishnKMit of a Court of l'>iiuity, so much 
requir'd in Up])er Canada (5). 1 shall make every possible exertion for your Interest 
in that arrangement, you may rest assured, as well as upon eveiy occasion when I 
have an opportunity fVom tho official documents I have ali'cady shewn to my Brother, 
relative to Upi)er Canada, and what I have been aide to state ui)on the same subject, he 
seems to think with me, that some characters of distinction, with whom I am elitraired 



>T« D.- ,'OLITr"AL STATE OP UPPKR CANADA IN IHOC. 



117 



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aro damiioii ItiwcalH, ami Ihii nothing but mi8munftjr,„ient can endanger ray cause. 
It cannot bo (iitticult foi- mo to mHow, (ho fiitiil offcctH of the con lance of the 
wre* '.. i HyHtiin ihiii provails in tho Amorinan (.'olonios (»!) and thai iho Interests 
of J iduaN and the jiultjic iiavo boon Hacriticed indiscriminatoly at the islirine of 
A I hill. uy Imposition, and of miKtaken power, I shall, you tn y d<'pond, exhibit a 
•i-ili^nnt (7) picture -^iiinvii "■ liow tho intontionn of Government, the biiicfi iont 
"f tho Sov« roigti, li,. hoeii sacrificed with ro.s])cct to tho i >yaliHl and 
. ~ who have s.Tvi'd in tho war, with rogard to the Implomoiits ol Ainicu.iure 
>viUod for their u , , how that I ' iosh has been abusM (8), tho abuses in the 
Marine nd Indian Dopnr atiffaction of tho Five Nations, tho Inh mgo- 
ment on tho Freedom ui i ,,i: a,,proa(li of ]M>wor in tlio Courts (.(Justice; 
liio Lnndun AddroHs, whil > jiix,-.:.- Intero.it hm l)eon regarded. With regard to 
))Oor Weokes's ailairn I ;,..i fearful from tlio agitated state of my mind at tho time I 
quitted Kpper' mada, I might not have attended so much to that concern, as I 
should Miorw have done. I bog tho favour of you to consult Baldwin upon the 
subject, and if mere is any sum duo from me to the Estate (10) which ho cannot 
ijrovido (or, cither with the money of mine in Mosley's Iiands, or by other moans 
let him draw upon mo lor the amount, and I sliould be obliged to you if you will com- 
municale with Mackay, or whoever is tho projior authority relative to the disposal 
of the House, Library &c., which I am of opiiuon should be sold. It is not my 
intention at this time to writ" you a long letter & shall therefore only add, that 
with regard to tho frantic nnaccouni ible behaviour of Mr.^ W., his wife, the 
perturbation of my mind at time of my leaving U.C. will bo more convinced 
than I can describe its ett'oct, and indeed I am oi,' now bogining to hope, that the 
improprieties and tho memory of the past will ;,iand contrasted with an opposite 
line of conduct and with the felicity of future . gagements. I begyou will I'emomber 
me kindly to Mrs. G., and iho rest of that family. ' Write me by an early opportunity. 
I sh^iil now beg leave to draw your attention to the aceompaiiying memorandum, 
intonilod to guide my Hlatcment to Lord Sidmoiith and many other high persons in 
this Country. Tho preamble of that paper is intended to bo delivor'd in the form 
of a speech. The fuliowing charges and otfocts, I flatlor myself I can most dis- 
tinctly prove without ditticulty and if 1 am not sufficiently led into your ease, by 
what is there exhibite<l, you may depend all matters relative to yourself shall be 
circumstantial (11), all 1 shall ask of your friends will bo to state their knowledge, 
as a man of abilities, lalegiity and honour which Mr. Sneyd was induc'd to think 
will be desired, I have iiillen in with him by chance in this place, making a point 
of communicating to him evorything in a most candid manner, he thinks well ot the 
cause and will do all he can. Lord lions, late Sir L. Parsons, is oxpocted here 
hourly, 1 intend to obtain his influence, if ]>ossible, in short 1 can venture to give 
you cheerful hopes I nee my way so clearly. God bless you, yon shall hear again 
I'rom mo soon and loll .Mrs. G., her letters I delivor'd myself in Dublin. Dr. Richard- 
son was very civil to me. to whose care Miss letter was addressed. I am very 

anxious to see all again in licaltli and happiness; j'ou will pi'obably slsow this com- 
munication to Baldwin k his family, they are worthy good i)eoi)!e, and you may tell 
him that if it is in my power to serve him (12) (he had little to expect from Lord 
Carleton) ho may depend on my not forgetting to exert myself for his benefit. 
Yourself, Baldwin, his family (but one) J. W.(13) one or two more and Sam Ridout 
I feel tho warmest interest in the welfare of, I am enjoying my Bottle in my 
Brother's department, solus, ovoi- this scrap, the least I can" do therefore is to take 
a bum|)cr in remembrance of tlu^ worthy part of the community 1 have left behind 
me in U. C. God bless you. Adieu foi- tho present. 

Believe me &c. &c. 
(The papers alluded to were not enclosed,) 



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Remarks on the prkceding Letter. 



(p. R42.) 



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2. Mr. Wyatt speaks in the plural, you must observe in both the letters How 
evidently it appears that he is engaged with a Faction to harass and embarrass the 
trovernment. 

3. Interest and not Justice, according to Mr. Wyatt's argument, is to obtain the 
triumph over the Government here. 

of Sttte' ^^°"^'' suppose from the paragraph that Mr. Wyatt is one of the Secretaries 

5. I wish Mr. Wyatt wou'd extend his patronage to me 

6. It appears from this paragraph that not only the'system that prevails in 
Upper Canada is wiong. but in the whole of the American Colonies 

I. This young man k veiy modest ; it puts me in mind of a puppet show. Now 
you shall see &c. ' 

8. Infamous calumnies that cannot be substantiated. 

10 A pretty transaction of Mr. W. as an executor, and for which there are 
several suits already instituted. 

II. Very necessary indeed. 

12. More patronage, Mr. Wyatt. 

13. J. W. is Joseph Willcocks, an United Irishman, who fled from Thomas 
Street, got on in Upper Canada as a clerk to the Eeceiver General, was turn'd out 
by him. Was a sort of upper servant afterwards to Mr. AUcock, who to provide for 
him got him appointed Sheriff. Was displaced by me and is now the Editor of the 
Jacobin paper, for which Mr. Thorpe writes. 

XoTE. I am ashamed of myself for sending so much nonsense, but I wish you 
to be made acquainted with the people I have to deal with. 

No. 2.— Mh. Wyatt to Mk. Baldwin. 
(p. 352.) 

London, Foley Place, 

June 15th, 1807. 
Dear Baldwin (Ij,— Since my arrival in this country from Upper Canada I 
have been so much engag'd for the success of the controversy with the Government 
of that^province, that I have been unable to attend to other matters of less impor- 
tance, f^rst I thought It advisable to see my Brother with whom I had chiefly com- 
municated upon subjects al uded to during my residence abroad, whom 1 found was 
l°.i^ ."' ''\\l^'''%^-'''y to Sl^- Arthur Wellesley the Chief Secretary in that Estab- 
lishment. I therefore set oft per mail for Holyhead and was absent vvith my Brother 
in Ireland Since my return I have been strongly recommended to the fuvourable 
notice of Lord Castlereagh and the Under Secretary of State in his Department 
where i have the satisfaction to acquaint you for the information of our friends I 
have very free access. I had a few days since a long conference in person with 
Lord Castlei'eagh upon the subject of the accusation made by the Colonial Govern- 
ment in Upper Canada against Mr. Thorpe & myself and others, f suppose I sat 
with him nearly tv.o hours. His Lordship's conduct I was much pleased with tho' 
ho certain y seem u to favour the Provincial Government which fA)ni the lenour of 
Governor Gore s injurious misrepresentation (2), I was not at all surprised at. 

• 'h Vr u'"*',^'^ I'^'s'^ me very fully those statements and among the rest I 
perceived Mr. Boulton (3) exhibited as an inf ,rmer. Lord Castlereagh read to me 
a written communication from that distinguished character, for the purpose of 
enabling Governor Gore to state that Thorpe had made positive propos.ils to the 
Solicitor Genera to oppose the E.Kecutive Government on tho spot, as Mr. Boultoi.'s 
lettei stated he did upon which communication I cou'd not omit to make some per- 
sonal remarks and Lord Castlereagh has at my request permitte.l me to furnish him 
with a written statement of Facts (t). I however think it advisable to hang bL^J 
Pn^.^nf It? T ''"'?*'^ of obtaining thro' tho highest Interest I can mike, a 

copy of the charges made against mo by Governor Gore, which I do not hesitate to 
say are most scandalously false, and when I possess thor.i in such a shaoo as to pre- 
clude the possibility of the Government abroad retreating, I shall take the accusa- 



NOTE D.— POLITICAL STATE OP UPPER CANADA IN 1806. 



119 



tions separately — from ray knowledge of them I am confident I shall be able to 
refute in the most decided manner, the whole of them, [f any body on j'our side 
the Water will assist me and spoak the truth, 1 shall have the victory. For your 
information 1 shall acquaint you with the charges made against me by the Govern- 
mont of Upper Canada. That my principles are defective as a loyal subject. That 
I dismiss'd Mr. Eidout because ho voted for Mr. Thorpe (5). That I erased tho 
name of a person from, a plan in the Surveyor General's Office and inserted my own 
fraudulently for the purpose of getting a favourable location of land, for which I 
obtained the Deed (6) and that I voluntarily carried my Books to tho Provincial 
Parliament without a summons, for the purpose of exposing the Executive Govern- 
ment (7). With regard to the first accusation it is in general terms only from tho 
manner in which I have been treated as well as tho people under mo, which I shall 
have it in my power to shew, alluding to poor Hambly (8) and Stagman who was 
drowned in the Speedy &c. &c. &c. I shall render it at least piohable that the 
unbecoming (9) opposition has been on the part of His Majesty's Representalivea 
towards me, not as they have stated, to be disaffected, and in gentM-al averse to His 
Majesty's Eepresentative and his measures. 

With rcgai'd to the second charge, there can be no difficulty as Mr. Ridout had 
resign'd, a month before the unhappy event occurr'd which occasioned tho slection, 
on which occasion Thorpe was a candidate (10), and I have a copy of my letter to 
Governor Gore dated a month before tho Election in question requiring for certain 
reasons therein specified that Mr. Eidout might be dismiss'd my Office and Mr. 
Jackson (11) can prove much on this subject. 

With regard to the third charge, my" letter to you, desiring the matter might be 
put in arbitration, my letter also to Mr. Clench (11), (who I am much astonish'd at) 
offering to relinquish my Title in favour of his friend, if really he had any claim, 
which to this hour I boiieve he had not, and Jackson having been with me, & Mr. 
Addison, to Mr. Young, for tho purpose of enquiring of him particulars when I told 
Mr. Young in presence of these Gentlemen that ho had no occasion to make himself 
uneasy about the land if he had any right to possess it, that I would not oppose him 
a moment. Mr. Young 1 believe never regisler'd his claim which by the bye, 1 wish 
you would obtain a certificate of, from the Office of the Eegister of tbe County in 
which tho lot in question is situated, and send it to mo, or did Young ever claim 
before the Commissioners instituted for sucL claims to be brought forward, or 
ever ask for that particular lot of tho most consequence to him at tho Surveyor 
General's Ofiice, while ho has actually located in that Office 200 acres of land, more 
than he had ever any order of Council to cover, and with regard to the char'go, the 
Journal of tho Provincial Parliament will shew and render me acquitted of that 
accusation. 

Tho unquestionable grounds of Opposition to mo on the part of Government of 
Upper Canada (12), is my Intimacy and Friendship for Thorpe (13), which iu 
Justification of my steady perseverance against most strenuous exertions of the 
Government of Upper Canada to induce me to join a combination the most 
which has been formed by a sett of monopolizing miscreants, whoso just mei'i ts we know 
how to estimate, to interrupt his laudable zealous and able exertions to administer 
Justice in the true spirit of British jurisprudence and assisting Government iu 
ameliorating the conditions of all orders of Society, tho highly improbable {&ic\ 
Upper Canada. Thorpe ^o my entire satisfaction & positive knowledge, as far 
as I have had an opportunity to observe, has uniformly distinguish'd himself as a 
sound lawyer, a zealous patriot , a loyal subject, and amiable moral character. 

Dissatisliiction neither originates in him or mc, but is tho natural result of a 
partial and defective administration. 

Thorpe's strenuous efforts since his arrival in Upper Canada have been directed 
to tho reformation of Injuries and abu^<es, and by a steady adherence to the line of 
his positive duly it is not difficult to suppose such a man should he look'd up to by 
an oppressed populace, as a Father, and that his exertions should be repaid by 
a tribute of gratitude and esteem amongst tho people of that province, svherain 
previously to his time, but little of the mild nnd benevolent spirit iif Enirlish Law 



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CANADIAN ARCHIVES. 





Jurispnidence has been experienced (13 bis). Under Huch u system of malvas^ation 

zealous in the Disciarge of hi J,Xhu'DuS, tS h J 2 s L"' dlo'i ion' to 
oppose the due authority of Government, That he is jnstirderm's L I a'^r of nv^ 
venting a flagrant and criminal abuse of power and Jhat hranxieU i exdusiv-elv 

neSt^L;?;eiri3KS ""' ''' p^^p'^^"^ ^'^ ^«-«^ of^p;;;Scis;r:oU 

Thorpe is suspended by Government at Home (14), almost as a matter of 

h q^'ie^Uon of"'. wLHis' 'V''^ '' '^ ^^"P".^'^' ^^"""^ ^ ^^^ "p" his ^se by 
ine question ot What his atfairs concern me " ? And besides that suoh an ,-nto,. 

ference m.ght be construed as a confirmation of our beinri a wL wtc^^ 
autboHUes.'"" ''" ''''''^''' '' '^^'"''"^ ^^^ ^^ -thority o^the" iStiriS 
h. J^ \he''«fo'e appears to me, that it is of consequence to Thorpe's Interest That 
measuTellnlmuX' ;r'*''?',"'?'f' ' '"" ^^"•>' '^ «"^'-«t' because I tow'it^s a 
TasTo left U per C-u. dTt^T t"* ^'T '^"""^'ance to himself and family. If he 
o«,i .! • I' , *^'"-"r'^ by the time this may roach you, show mv letter to birr 

on l"e%o;." '" '' "• ' ^" ^^^^ ««"«^^"^ -« ™«3^ yet'triumpi, wTti, hi" assistS 

hphnH-'h!uT"''''/'^''i!''''''!" ^^' ^^^" ^'"' ^o'-d Castlereagh and Mr. Cooke in his 

c\te d' dl7\::flTm .^raT'^M '' '''' ''^'^"'"' "«^"'^' ^« advo'catrTl'p ' 
i-uusL ucLKicaiy and i am afraid evil consequences m ght result if I win to 'innV.Hr 

t J;-3o-to :;« Mr'Tt.. ^^-■yi^^-^hri' "l"- it, and' If he sioild'E, 
kind Xntion m\ Jiri ' ''"^. ^'' '^.'""''''^ '"'""•>■' ^beir good sense and your 

tip., by tbi, oppra-tnniiy, „„d I .hall e.l»oin it a favour f ^f wHI ron ?„„ f^ 
I^c" EtoZ el v.™l,'',i? ''""■"' '"'• "J".''™ '» Ticket, ami Ce,lili«c, S 

Top;^%' !^o%t,':: «;ou"Ut!r;:,»„^r;;^^i,if ^„s,.r„er;s 
j;bnfa';;„r;bSr^ri;z«s.ss-;;ir^:sr;;r^sEI£ 

rei„,rof:;x™i;lc:'('r8)*:^F„!:eb'i;^-Ti;r:'T^^^ "■" "-'■■y.'>»-« --« "■« 

m ,.al<,„R ,„y „.,„,„o„, I ea„ prove .„ * ,o, in ,„pp„,t of m^elJlTbo,™ 

oi- inl™ mlivft J™'lVi't"''°r'»' "'" "■■""" "'""y »<■>■»" "I"'™'', "ho comfort 



NOTE D.— POLITICAL STATE OF UPPER CANADA IN 1806. 121 

tho' at present Lord Castlereagh seems to side against mo, when he has my state- 
moj.t, ,t I can prove, as I assert I can, Facts in my favour, his judgment would 

I am managing to get the Governor as much convicted as possible, before I 
begin my defence which I am persuaded will demonstrate Facts, to which I allude 
in the clearest and most unanswerable form, with regard to my giving up no names 
of persons, until the result of my assertions shall be known to me, I mean that before 
the statement I may make shall be admitted as proof, in the ev^nt of my substan 
tiating It, will withhold names for the purposes I have mentioned ^ 

T 1«ftT-^''T ^'"'^^^^ mention'd that 1 was unable to manage my office, and that 
I left M in the greatest confusion, in which I believe, unless Chewett and Eidout join 
(xovernor Gore he will be unsupported (19). 'uuut juin 

Sam Eidout is an honourable fellow, and from the good opinion I entertain of 
his ability & strict Integrity, 1 should be very happy to do him any service in my 
power. Shew him the state of affairs to which this letter alludes & consult him how 
ar I may reckon on his support. If I should wish to consult him, which I do not 
know I shall have occasion to do, nor do I intend it for his sake; he may however 
privately in your confidence, assist in directing the enquiry of certain official mat- 
ters, to which I may refer, in the Surveyor General's Office, and I wish particularly 
you would obtain from him, and other persons, information relative to names hav, 
ing been often removed from the plans in the Surveyor General's Office in favour of 
certain persons (20). It occurs to_ me, that a lot given by the President Grant to 
Allan, a lot also given to Chief Justice Allcock formerly located by one Cozens and 
there was some lot, in similar circumstances, given by General Hunter to' Mr 
inCormnAnn Tn ""f^^f '^y P^'^ose, if -ou will only furnish me with sufficient 
nformation to state the circumstan.-. v of those cases, as tho' I was possess'd of 
tfiat knowledge from my official capacity upon the spot in Upper Canada, which 

tTi mnn"-"' r ""■" /''Tv. ^''^'u " ""'^!"- ifegular in putting one person's name on 
the map in lieu of another, when no difficulty appears, and give me every rhelnl 

Sf«'^T''''^'^"^'?.V'^h"■-,"'f^' '" ^ cause, you know as well as I do from 
the best of motives. Je all think alike of the oppressive ruinous measures of a 
cer ain cian in Upper Canada; and it is the common cause. We are all well wishers 
to to assist in defeating their tyranny & base misrepresentations of those who do 
not deserve such treatment (21). I will never desert the good cause while I live 
or any worthy fellow of my friends in Upper Canada. ' 

r.v.n,L'''fi" -T" f occasions you may rest assur'd feel the warmest impulse to 
piomote the interests of your.elf, Sam Eidout, the Sheriff &c. &c. and those objects 
will oe uppermost in my thoughts. '' 

I find there is an opportunity for your part of the world tomorrow, which 
obliges me to close this letter, rather abruptly. I„ the meantime I beg my kindest 
remembrance to Mrs. Baldwin, Mr. & Mrs. Willcocks and tiie rest of llieir worthy 
fiimily, us well as to all friends, tell Lawyer Stewart that he shall hear from me 
soon lelalive to the business I have to do for him in J^]ngland & believe me to be my 

Your faithful friend & obedient servant, 

C. B. WVATT. 
If there are any claims against me, which I do not suppose there can or you 
require any inoney, draw upon me and ascertain what Young has to show, eithel- in 
wilting or otherwise, for his claim to lot 161 &v. etc. Pray write me without delay 
affording me all tho a-d you can to defeat tho Eascally attempts of certain persoil- 
ages which I am confident I shall ultimately d... God bless Vou, and I wish Z 
would send me a written statement from the Eeceiver General si owing what sums 

tl e 1 Jl of r 1' ""' ""^ '"^ arrival n Upper Canada. I heard of a case where 
tliej.ind of Ilarriston some where up Yonge Street were given to Colonel Eyerson, 

.,n.v\'*;^}i'^"''^'' ?'" 'M'l'oin.t.d Smv..y,.r ii>'\M-ti\ „f rppei- Canada in 1702, with tluMKVV of a mil)- 



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knowin.< the former to have improved the same, relative to which I request, you 
will send me particulars. I think this case will shew oppression, and will be useful 
against Young. ., 

Remarks on the foregoing Letter. 
C;^. 352.) 

il}- m," I'-'sliman, ready to join an}' party to make confusion. 
(-;. Ihe representations are facts, disobedience of a positive order from' the Lt 
(jov., denying his authority &c. &c. &c. 

(3) Mr. Eoulton is Solicitor General, & during the absence of the Attorney 
(reneral acts as such. ^^u^j 

Everybody who presumes to oppose the wicked plans of ]\rr. Thorpe and Mr 
Wyatt are stygmatized oy these Gentlemen, as Rascals & Lyars. Mr. B. was the 
triend of Mr. W. for about a year, but from W's violent conduct, he was obliged to 
give up the acquaintance. ^ 

(4) Mr. Wyatt was advised by Mr. Thorpe to prosecute mo on my arrival in 
Jingland, for suspending him, assuring him that a Middlesex Jury would umply 
rqmy Mr. W. I conceive it is for this purpose Mr. W. will exert himself to procure 
official copies of my dispatches. ^ 

TH^SV'^- Y.y'^^i ''^7 ^^['-^y^ himself. I never did state that he dismissed Mr. 
Kidout for voting for Mr. Thorpe, altho' it is notoriously believed it was for that 
onence as the attempt at dismissal was made the morning after Mr. Kidout voted 
(fa). This IS. easily proved. 

SecreS "^^'^ '^ ^™''*''^ ^^ " '°^^^'' ^''*'"' ^^® ^'^''^ °^ *^® ^^''"'^ ^^' ^«sembly to my 

fS' mu""^'^'^ account cou'd not be parsed the audit, for want of vouchei's 
(9). I his 18 a new case to me; the Governments unbecominq opposition to one of 
its servants requires no comment. . j rr ^ j 

^ffl ^^*^^t; ^y^Y ^^'''?"l^'''^"? r ^"^ *'^ ''^''^^ ^'« ''^'^'^- ^''"O"^ Mr. W. wish'd to leave the 
office. But when he found I protected him from ill usage and wish'd him to con- 
tinue in the office that the Public Business might not be at a stand, he coraply'd. 

• rliu , ■• o'^'i.J' '^. " '^'^^'•tious character, who in the public streets re- 

minded the people of Charles the Ist's fate &c. &c. 

(12). Mr. Church declar'd to me that Mr. Wyatt was a swindling Rascal All 
this business can be easily proved. ^ -^ >■ 

A Surveyor General whose peculiar duty it is to ]>revent frauds, is the first to 
eraze the name of a person from the plan in his office & insert his own. Does this 
circumstance require any further remark? 

(12). Opposition on the part of Governt. to the Surveyor Gener ' " t 

( 13) In two or three private audiences I permitted Mr. Wyatt :■. ^avc with me 
1 certainly endeavoured to point out to him in as forcible a manner as I i,ossibly could 
uo, the indecency and im])ropriety of a servant of the Crown joining a tiictious 
opposition to the king's Government. I assured him that if he could detach him- 
self from a party that would in the end sacrifice him, that from me he should receive 
every attention. 1 had very strong motives to induce me to pay a favourable atten- 
tion to his wishes. I mentioned to him, what a gratifying circumstance it would be 
to me o have it in my power to repay thro' him obligations I felt myself under to 
UL Sidmouth, who had appointed him to his present situation. Of course these 
conversations were betray'd by Mr. VV^. and every injurious and vulgar construction 
was put on my attempts by Mr. Thorpe & Mr. W. 

(13 6/s). The impudent assertions in this paragraph are beneath notice. Are 
Buch men as Chief Justice Osgoode, C. J. Elmsley, C. J. Allcock to be treated in this 

J ll(.t 1 1 LI dJ X I 

(14). If Mr. Thorpe is suspended by the Govt, at home, this is the only intima- 
tion of it. '' 

(15). This Mr Baldwin & the Judge do not speak to each other, the worthy 
Judge having swindled his countryman. 

(I'i). What do you think of this paragraph ? 



-4. 



NOTE D.— POLITICAL STATE OP UPPER CANADA IN 1800'. 123 

(17). I never had a favou table opinion of Mr. Wyutt 
him. ^ ^'"""^ "" ''"'*" ''*' ^^'■' ^^' *''"* ^ ''''"'*^ "°^ ^"'■^''"'' ""y '"'''•^^« against 

Tj- . *-l^?i: ^.V^'^'^ f'om my own observation & the Btatement« of Messrs. Chewett& 
Ridout that I made this statement. ■^u.^bbib. vueweu iv 

(20) Supposing my predecessors in Office had granted Locations of Lund 
improperly, does it follow that I am to do the same ? I'he Surveyo Gen^'-al has 
neither power nor authority to loc.te lands ; it rests with the Lt. cL If the Sur 
General had the power & such a Surveyor General as Mr. W., the situation ri?om 
bribery) would be worth 2 or 3 thousand a year. suuauon Qirom 

(21). The good cause means anarchy & Republicanism. 

WYATT'S CORRESPO^^DENCE WITH THE COLONfAL OFFICE. 
iA supplement toWyatfs letters to Thorpe and Baldwin, 1 and 2 of number i5 in 
benesQ., Ko/. 310; the page follows each document .) ' 

(a) C. B. Wyatt to Lord Castlekeagii. 
(p. lo9.) YoL^Y Place June 8th 1807. 

rh^/^.! wlfi?^;^' '^ i" ^'"P^^".'^'" *«'-.'"o to have retained the precise extent of the 
fr3ti! ''J"" been made against me by the Government of Upper Canada 

kstT f rnTv''"?'",';^''^ 'rf- P''^'^" '^'''^«^" ^^»»'' I^'^^'^^hiP '^"<i n^« «n Saturday 
LValh,H I ? h^r'*"-''lPr'''''.''''\'^'''P>'''^ the specific accusation to which? 
shill he S,W bf f"^""^^^«V"l'" "'•^°'' ^'^"^^ I ™''y '"^"^^ «»ch sort of defence as 
Jtnrnnfn • V T ^'T l"'^? ^^'. "^'-"'^ '^^^^'^ '"'^"t at present justly attach to my 
conlpi T ,h" T ^rt^'^' •'"""^' '^^'""^y ""'^^'''"fe' Your Lordship to "form i 
^rUppe^ tea' ''' '""*''""" '^"'^ principles which have actuated my conduct 

I have the honour to be, 
Your Lordship's most obedient Humble servant, 

C. B. WYATT. 
(6) C. B. Wyatt to Lord Castlereaqh. 
{p. 164.) P(,ley Place June 27th 1807. 

«n V T ^^V^*; 'I-'''*'' ^''° greatest reluctance that I venture again to trespass 
on Youi Lordships time; having however applied without success to Mr. Cooke 
for certain Documents which 1 considered indispensihle to the vindication of my 
character against the charge brought forward by Mr. Gore, I feel mvself under -he 
necessity of so .citing Your Lordship's attention to my wishes In this resp.ct. 
ihe charges allodged against me attach most seriously to the inte<n-itv of mv 

Loniifhin wllTfi"''' T '''''^' t"" ^" '•'? P''0P"ety of my public conduc?; and Your 
Lordship wil therefore not be surprised that it should be matter of great anxiety 
to me to refute those charges to the entire and satisfactory conviction of the hi-rher 
auhonties under whose control I have acted. In order to do that, It is obvioiisiy 
in lispensib e that I should be in possossion of the precise form of the charges theni- 
clves,ct I therefore entreat that Your Lordship will have the goodness to order 
that 1 may be furnished with a copy verbatim of such parts of any of Mr Gore's 
letters as constitute charges against my character either in my public or private 
capacity, llie accompanying memorandum may serve as a guide and save your 
Lordship sometroube in issuing the order which I have referred to; I rely on 

rl^h^nL '!! fMPr\'''.?i°"'"u""'/ •^'.''^'''" '" '"^^P""^^ >'«""■ «"'^1 Jii'lgoment on these 
ch. igos untill I shall have had a fair opportunity of submitting to you my defence 
and! entertain the fullest confidence that I shall abundantly able to satisfy Your 
Lordship that every accusation which has been alleged against me, is totallu without 
/ounrfa^..» and that my conduct in America has never beeA in one'instanco 
deserving the censure of Government. 

I have to bo My Lord, 
Your Lordship's most obedient humble servant, 

C. B. WYATT. 



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3d 



(c) Memorandum attached. 
(/;. 167.) 

A copy verbatim of charges made against Mr. Wyatt by the Government of 
Upper Canachi. 

Namely firHt, that rehiting to Mr. "Wyatt, having carried the books of the Sur- 
veyor General's Office before the Provincial Parliament. 

Secondly, That relating to Mr. Wyatt's having porsisted in the dismissal of the 
Chief Clerk in his office, because that dork voted at an election contrary to Mr. 
Wyatt's wishes. 

Thirdly, That respecting Mr. Wyatt's conduct as being in general adverse to 
His Majesty's representative and his measures; and slating that Mr. Wyatt was 
engaged with persons, who are encouraging disaffection to Government amongst the 
people of the province. 

Fourthly, That respecting Mr. Wyatt to liave fraudulently erased the name of a 
person in the Surveyor General's Office, who was settled and had made improve- 
ments in a favourable location of Land for the iniiposc of obtaining possession of the 
same for his own use & advantage. 

(d) C. B. Wyatt to Edward Cooke. 
(p. 1(!9.) 

Foley Place July 7, 1807. 
SiE,— I have to acknowledge the receipt of your letter of the 2nd Instant. 1 
shall lose no time in submitting to Lord Castlereagh such evidence and observa- 
tions as I have to offer in defence of my conduct upon the two chai-ges referred to 
in your letter, but I hope that his Lordship will not put any unfavourable construc- 
tions upon my silence, if I nhould be obliged to delay that communication 5 or 6 
days longer. I have many papers to arrange upon the subject, and I do not feel that 
I can proceed so promptly and effectually in my defence against the partial and 
indefinite accusations of which I am in possession, as if I had been made acquainted 
with the precise items of charge alleged against me by the Provincial Government. 
Upon this ground I hope for his Lordship's indulgence in allowing mo the time I 
mentioned to prepare my defenco and in referring to its real source any deficiency 
of evidence, which may arise on my part from my not being better acquainted with 
the precise articles of accusations set forth by Mr. Gore against me. 
I have the honour to be, Sir, 

Voui' most obedient humble servant 

C. B. WYATT. 

(e) C. B. Wvatt to Lord Castlereagh. 
ip. 196.) 

Foley Place July 27th, 1807. 
My Lord,— Finding from Mr. Cooke's letter to mo of the 2n(l instant that it is 
your Lordship's pleasure that I should make mo defence upon the two charges 
stated to mo in a former letter from Mr. Cooke, ])roviously to receiving a copy of 
the other charges which have been exhibited against mo by the Government of 
Upper Canada, I shall no longer delay to furnish your Lordship with such observa- 
tions and evidence as 1 have to offer upon these two points. I however feel that I 
shall be subject to more difficulty in compleatly refuting partial accusations, than 
I should in exculpating myself against the whole of Mr. Gore's charges; I am per- 
suaded that it is abundantly in my power to refute any charge which Mr. Gore may 
bring against me in a distinct and precise form, and that I am in possession of verv 
sufficient evidence to vindicate my character against all such accusations as I had 
the least reason from what had passed between Mr. Gore and m6, to suppose might 
be alleged against me on my arrival in England. The two charges however which 
I am now called upon to refute do not come under either of those descriptions, the 



NOTK D.— POLITICAL STATE OP UPPER CANADA IN 1806. 126 

one namely thiit concerning the erasure of a man's name from the map in the Sur- 
veyor Cxonoral 8 Department for the purpose of fraudulently in.ortinir my own. rests 
upon transactions which never had been mentioned as matter of complaint durin- 
rny residence at \ork, which I had no reason whatever to imagine could possibly be 
formed into an article of crimination a-ainstrae, which has evidently been fabricated 
with the most malicious designs after 1 had quitted the Province, and consequently 
which I am not so well prepared with evidence to refute as I should certainly hav"o 
been had I over adverted to the possibility of so unjust and malevolent a design beini; 
in the contemplation of my accusers. ^ 

I am v- 1 ling to suppose that Mr. Gore has been totally misled upon this subject 
by severalpersons whose sinister designs had led thcin to misrepresent to the 
Lieutenant (rovernor .'very circumstance connected with the case. Your Lordshio 
however after reading my nanative of the transactions will I have no doubt be 
convinced that no blame can bo justly attached to mo in the business ; and will of 
course exorcise your ovvn Judgement in ascribing to those who may appear to 
merit it, the stigma of having fabricated a most nefarious calumny for the purpose 
of injuring my character and of aiding thoir own views. 

Notwithstanding the difBculty which I apprehend in making my defence from 
not haying been at all apprized that such a charge was likely to be advanced against 
mo, I do not despair of proving to Your Lordship's conviction that this charge is a 
ground ess calumny. The other of the two charges in question, namely that of 
general opposition to tho Provincial Government, is so very vague and indefinite 
that from the very nature of that charge it cannot be easy to refute it If particular 
instances of opposition were distinctly stated by Mr. Gore, I should have no difficulty 
in answering them by precise explanation and circumstantial evidence, but it must 
be evident to Your Lmship that I cannot easily bring before you such a view of my 
general character and principles as to prove to you that I am incapable of actin"- 
upon the motives ascribed to me in this general and indefinite accusation ; and 
wi hout such a view of my character I know not how tho charge can be refuted 
unless Your Lonlslup should be of opinion that a charge of that nature ought to be 
considered as invalid if it bo not suppoite.l by a specification of the facts upon 
which It is founded If it wore accompanied by such a specification of facts I am 
conhdont that I could not have any difficulty in totally exculpating myself a-ainst it 
Kelying on tho Justico of my cause, as well as on the impartialit/of your 
Lorship, I feel a conhdencc that in opposition to every difficulty I shall succeed in 
satisfying \ our Lordship that my character has been much misrepresented to you 
as well as to Mr Gore, ''"d that 1 have not acted upon any principles unbecoming a 
lo}-iil subject and a faithful public servant, or at least that ray statements will be 
sufhcient to induce your Lonlship to suspend your final judgement upon the subject 
until you shall receive more conclusive evidence, and in defect of such evidence that 
you wi 1 consider mo intitlod to an unqualified acquittal. With respect to the first 
of the tAvo charges above mentioned I beg leave to draw your Lordship's attention 
to tho following facts. 

Some time after my arrival in Canada I applied to the Government for a -rant 
of 1200 acres of Land, a privilege usually allowed to tho Civil Officers of the 
Colony; the grant was immediately made to mo as a matter of course and I was 
accordingly at liberty, subject to the Governor's sanction, to locate any vacant spot 
winch I might prefer. It was my wish to locate a portion of the above grant in the 
neighbourhood of Niagara, and I accordingly referred to the P.egiste^ called the 
Doomsday Book and other Kecords in my office in order to ascertain whether there 
was any land in that situation unoccupied, which would answer my purpose I 
relerrcd to my chief clerk, Mr. Ridout, on this occasion, and he was the person who 
first pointed out to me the spot of ground which forms the basis of the charge 
against me, saying that although the name of Shubel Welton had been entered on 
the map as proprietor of that spot (above one hundi ed acres in extent) no patent 
had been ever issued for that grant and that ho Mr. Eidout had reas.m to holiove 
that no such person as Shubel Welton existed in the province of Upper Canada 
and that there was no legal impediment whatever to mv possessing the land in 



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?h"« Mlm"Jnf^^i?r^'^5vPH ''°'" ^'\ "PP'^'.''' ^'- President (r.ant for pormi.H8ion to erase 
the name of .Shiibel Wolton and Hubstituto my own in liou of it 

Advorhng to the experience and local knowledKO of my chief clerk with 
regard to the practice in similar cases, I should f think have boon jUHtVHed n 
a.lopt,ng his Hng^.eHt.on ; but before I made any such application to Mr. Preshient 
(xrant I previously adopted the precaution of writing to Mr. Robert Hamilton one 
of he Legislative Counsellors of the Province and" Lieutenant of the County?" 
which the spot of Land in question ,8 situated, to inquire whether he could give 
mLwL' "irV"" "P''"/h« «»bject; supposing that his long residence a« a 
Mag strate in that part of the County and his intimate knowledge of most of its 
nhabitants, mus render him peculiarly competent to furnish mo with the 

mo that mv I^tfo '/ 7'^'"^ 'T ^'- ^'''"'''*"" ^" ''^^y ^" ^^^ reference stated to 
wh.-.r^h [•'''/ n>'"vod at a moment extremely favourable to the inquiry 
which 1 wished h.-n to mako for that ho was at the time engaged on the Quarter 
fvnilnT'h'- ^,7%«»"?""^-'' •>>' Persons from all parts of tho^District, that ho had 
;r!?i f!f? ""^ 'a'\1 J!'T"'" '°. ^"««*''^" *'^«'" "POM the subject 'which I had 
Sh^?b I UMf '""'^ '?"/ the result of his inquiry was that no such person as 
nJ.« . 1 '^''""•';*'^*" ^^ ^^'"^^" '" ^''° "^iKl'l'Ourhood and that if such a 

person had even resided in that part of the Country, that to Mr. Hamilton's own 
positive knowledge had not been there within the last 12 or 14 years 

Under these circumstances I felt no hesitation in stating thoVoregoin- par- 
ticulars to Mr. President Grant, who in compliance to my request allowed mSto 
appropriate the spot in question to my own use. ^ »"owcu me lo 

TTn JlvTn"^ ^° "^'''* *'!i.-'''^''. .'" ^.^'" P''''"^ ^^""^ *ho correspondence between Mr. 
HamiUon and me upon this subject is recorded in my office at York, but as I had 
no reason whatever to conjecture that these papers could ever be necessary to me 
Ihis ret?rr" '^' '"" "°' ^"■''''"■"'^ to forward copiesof them to your Lordship wUh 

in JZ^r'^'''^ i^t""- ^'■'"i'-^'' ,P«'™j««'0" ""titiod to me officially to assume the land 
noS of"'/"V '''''^''^"'S^y 'r^ PO.ssossion of it. Soon after my patent for this 

ff« Zr i T '''T' ^ ^^'^'t ^'^'•^"-^ «'''"« ^"^i^«^'t channel a vague Eeport 
that there was another claimant, who asserted that he had a mortgage upon that 

FunTv o^f A" r •" "' ' f ^PT* ''""'^'"^ ""^ T.letermined to take thf fiSoppor- 
iZLl ^«f ^^'"•"S the foundation upon whij, it rested, and I accordingly in a 
few days set out on Horseback in company with Mr. Jackson, a gentlfman of 

?aXt^.o'i'S'„'"b'''^r" f'^'^r^'- '^' ^,''''''' ^'^^^'"^«'' ^«'- Southampto^n, to Niagam 
(a distance of a hundred miles) in order to investigate t'.e title of the reported 
claimant and upon my arrival on the spot I found a person of the name ofXung 
who contended that the property in question had been mortgaged to him, but wSl 
acknowledged that ho had no formal instrument in writing to ^testify the trutlf of 
his assertion After a full and impartial inquiry upon the spot by Mn Jackson the 
cergymanof the parish and myself, we were all satisfied that Mr. Young hi^lnJ 
nght whatever to the Land which ho claimed. I however then told hfm 'n the 
^«ear'tt■TLT^^'''n"' "^'''T- '^''' 'I ^' ^«"'^* '»>' ""7 ^air means make i? 
S r^linn rn^h it? I ''^""' "^''T-''' '^^'''"^' ^ ^^«"'^ ^^^^''^^^^ the least hosita- 
of V. n^ t K f ^^''°"' ' .^"'^ '" confirmation of my assertion on (his part 

of the business, I bog leave to refer your Lordship to an extract from a letter on 

iiof to i '^f' '"^ '^'r y'^".', ^^r'^'^^P'^ particular attention to this Letter, as 
c aim .ndC'li h7t'""°^ r'^"''''. { '""'^ ^° '''^^«^^"'" ^he nature of Mr. Young's 
stsTaSilttTi'lit'toT '"^""' *" "^"'^ '''' Land provided Mr. Young co.?d 

d^J2\Z^nfT-'''''!'ul\7''''l 1^0''<l«hip more fully the reason why I am most 
iuuti^.f^T-^^''^?^'- }°""^ ^''' "° ^^•i'^ claims whatever to the land 
alluded to, it may be useful to advert to the following circumstances. 

renn?Hn!-'Hvi?"!'ll^''^'' * Pf^^'l'^'nation was issued by the Provincial Government 
S,V ,?^l! . II '• T' ''"'''"^' "^ "''"^ *" ^'^'■^^'" ^'^"'^^ should within a given 
period produce their claims and take out their patents for the same, or that in the 



NOTK I).-— POLITICAL STATE 0F> 0PPER CANADA IN 180G. 



127 



ion to eras© 



event of thoir fiiilmK t., do 8o, the land to which thoy mitfht have been bofor« 
ent.tle.Uhoul<l bo conHidorod as no lonf^er theirs and wouldK herwL diSnc^Ted of 
as the (government m.ght think proper. It is certain that neUheThuMWeton 
Z n "J"""?-' '^' Pretondod mort^^ligee, ever attended to thrnotce cm. (Lined "n 
this proclamation, or applied for a patent to be prepared in their favou^ i k wft« 
equally certain that this omission o i their part was siifH<.im,t tn p„!^1i ' V 
pretensions which either of them might ha've had Jo Ss' ot'o? rj[v7n ff^Z" 

exiSrbur \r: . Vr''"""vl, •" ^''"' ^^"^ ^"«»> pretensionllKr ,riinaK 
existed, but I have not been able to trace any symptom whatever of such nrp 
tensions over having been ente.-tained by either cff the duties quostion ^ 

a^aisVAiry'oJn.^- "/'"'* t'1' -"1^'""" '^ ■"« '- eo'nstitute3eli?o evidence 
against .Ur. Youngs p.-osent claim, it is worthy of remark that 'dthon./h M, 

Young has irregularly and without any legal authority loca ed in his own m^mei' 
acres of land more than he ever received a L'rRi.t fnr h„ ,11. 7<. V °^" '"'.mo 'JOO 
the lot in dispute between him and me alOu^lgh iU^' im"; 1 t a'tTe'co'ul.Thav: 
rtKZ" P the necessity of having his name subs'litutodYor hat o* We Uon 
in^the Official Eegister, before he could be legally considered as the proprietor of 

In the course of the conversation which passed between Mr. Youne and me 

1 hovyover did not receive any answer whatever from Mr Clinch flUhon<rh 
J remained at York several months after my reference to him ' ^^ 

by Mr Thorl Ifoxtlff'.n " '"{ .'t"/" »« J^^"«^»^» ^ letter was sent after me 
uy Jir luoipe, an extract from which I now enc oso marked C statinrr thnt Mr 
Young's claim immediately on my departure been for the lirS tim^ openlv brought' 
forward and insisted on, and advisimr that I should trRn.m u t« V f brought 
of Attorney; for the purpo'se of referring the matte to arKion Vn reJivT 

narniV^of S' withti?':;^"'- ^ ^"'' ''"^"^'^ ^^''^^^^ '^•'""^^ ^''^iroly to a mere 
laiiativeot facts, without offering any comments upon those facts- this T h«vA 

Sesn^sL ' rriPJoT'T '■' "°, '' ^' P^^''«^^'^ ^l^-- --"^ thelnflueic : fin e'' 
tnces fj aiising trom it too obvious to escape your Lordshin^ di\cnrnmonf t \Zu 

will not deem it just to condemn me upon this charge imtifl slm Uhave been nu S 






% ,A] 



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diH«ntiHf«o.tion whicl. I oxpiosf., .li.l not originato with mo. but that Himilar .lisoon- 
tont had provaiiod in numeroim iimtances proviouHly a« well aw after mv arrival in 
this province. '' 

Ono Hironj; example of thia nature Ih oxhibitod in a Momoiial now on the 
records „f tho Troanury from Mr. Hussoll ono <.f tho Kxorutivo Council in Upper 
Canada and Koce.vor treneral of the province to tho Lord« CommiHHionoiH of lis 
Ma|oHtyHrn.a«ury dated in tho year 180;^; although I have already stated that L 
leel ,t to bo imposy.be tor me to defend myself etlectually against the genorai charge 
ot opposition to the Government without some information as to the particulars to 
which that charge refers, I am anxious that your Lordship should clearly under- 
stand that I have no wish whatever to elude the strictest investigation of mv con- 
duct and that I now pledge myKolf most positively and solemnly to your Lordshin 
to produce the fullest and the must satisfactory explanations upon every [tem of 
accusation which may be alle.lged against me whenever it may appear f. your 
Jjordship to be proper that 1 should be made acquainted with those particulars 

It after a full and liui- investigation of all such matters as relate to my conduct 
in Upper (anada it should as 1 have not the smallest doubt it will appear to your 
Lordship that my character has been totally misrepresented and that there is no 
sutHeioi.t ground lor the strong measures which have been adopted agai.ist mo by 
tlio provincial Government, I am persuaded that your Lordship will" not think it 
unreasonable that 1 should in that case hope to be reinstated in my ofHeo upon tho 
same tooting on which that ottico was holden by my piedecersor; In all thecomr - 
Mications with which I have had occasion to trouble Your Lordshij. since my arrival 
in hngland, 1 have had no object beyond that reinstatement, tho vindication of my 
character against dishonourable imputation and such benefit to the i.ublic interest 
as might be derivable from any information or suggestions which my local experi- 
ence might enable mo to offer to Your Lordship's consideration 

Before I close this letter I think it right to mention to Your Lordship that Mr 
Gore on several occasions as well to me personally as to several others expressed his 
high approbation ot my character, & that, oven after ho had boon induced to 
suspend me from my ofhce; adverting to this tiict, I know not how to account for 
Mr trorc 8 conduct towards me but by eoncluding that he had been wholly misletl by 
tlio fabricated stulemonts of certain doHigning individuals with respect to my char- 
actor and principles. If that be really tho case, it is probable that Mr. Gore may by 
this time be convinced of the error into which he had been led and may not entertain 
any sentiments towards me incompatible with an amicable adjustment of the ditfer- 
encos subMsting between us, I have no hesitation in assuring Your Lordship that for 
my own part [certainly do not entertain any such sentiments and that under any 
arrangement which shouKl exculpate my character and leave me in possession (,f tho 
just advantages of my Office I should be cordially and sincerely .lisposed to resume 
my station under Mr. Gore's Government and to cooperate with him by every means 
in my povyerf-.r the benefit of the Interests and prosperity of the valuable colony 
commuted to Ins charge. '' 

I have the honour to be, My Lord, 

Y'our Lorilship's most obedient humble servant 

C. B. WYATT. 
A. Extract. Knclosed in letter (c). 
(p. 215.) 

I was indeed surprised to bear that you had been churtred with a criminal 
intention in erasing from the Bonks of the .Surveyor General's Office, the name of a 
person who claiined a iot of land, to which it clearly appears he had no title. 1 well 
remember when Mr Addison aceompanyed us to Mr. Young's in order to investigate 
bis title, and that botli Mr. Ad.hson and myself were fully convinced from his own 
statement, that he had no more right to the land in question than I had I also well 
recollect your saymg that if he (Mr. Young) could prove the shadow oi' a title that 
you would never molest him in the posscs.sion 

BATtt June 20. 1807. ''^"^^ ''''''^^ ' '^'^'''^''^ ' 



lilar (liscon- 
y arrival in 

OW oil tlio 

I in Upper 
[lOIM of Ills 
itod that I 
ji'ul (!liarj(o 
■ticularM to 
irly undor- 
of my con- 
r Lordnhip 
ry [torn of 
iir to your 
Milai'H. 

ly conduct 

II r to your 
thero iH no 
iiHt ino hy 
)i tliinlc it 
) upon tho 
hecoinir . 
my arrival 
;ion of my 
ic iiitorost 
-•a! oxpori- 

I that Mr. 
)ieH8od his 
nduced to 
3Count for 
mifilod by 
my chur- 
re (nay by 
cntortain 
tho dilfor- 
ij) that for 
irulor any 
ion of tho 
,o res u mo 
3ry moans 
>lo colony 



iTT. 



criminal 

lumo of a 
0. I well 
ivcstigato 
his own 
also well 
tillo that 

ION. 



NOTK ».-P0,,,TIc.vr, STATE OF UPPKR CANADA IV ISO.}. 



B. EncloHod i . ' ttor (e). 
ip. 216.) 



129 



To Clinch, K8,,ui..„. ^'"""^ <^^^^ber 1806. 



at Niagara for the purpo.o of . onv,,.!..r 'r'.-^""' '''"■'"^' '"^ '^t-'r ^h!'* «oa 

i..t 161% the TownihK^ir srr ':::iirini:^.!;!:;^!:^.^'r«'« ^'--^ to ^^ 



lot 16rin tho Towns ,V7hooinhnmvr-f'" .'" '\'-^\}'\ ^"""K'^ claims to yo 
vacan», I have tho (Ko( h.S h L r"'''^' *«!;,^^'>"'h '<>'• it appearing to L 

favour 'if you wiir^l^tin m ''^ roTl'v and"cr"-^ "i''" ■^"' ' ""^^^ ^^-^ '^ '' 
stancoH (an you know thorn I am^nforZHA o Itivn / ?" 'W-^r^mity withcircum- 
cation and bo asHurod should llvTlTJl ft ^ ^" '''" ^''J''''^ ^^ ^^''^ <""i"">ni- 

';ppo«o hint, or Hhall I foo a Imon ' ' L« SonT"';/'' ^".'J'"^^ ""^> ' ^^'" "^'^ 
favour. "■"moms nositation in >surrondoriiiK my title in his 

' am, Dear Sir, 

Your obedient humble servant 

., ,, „ C. B. WVAIT. 

o. hxiiact. Piiiclosod in letter («). 

you i!lo,.n';t.:X'Y;ln"J""ii:f„"^^^ '■-- ^'^ H'^-'^ ^ f..und it was to tollow 
worth. Inatis edhimtDyo™t\"!v^^^^^^^^^ the subject than he land is 

wlnttevor the urbit.atorsawanod I setSXu .1^.1*1"^ .^ll-T^ ''' '•"'^ '" '"''' 
of, which 1 beir you will sirn and send ill T "^"^i"? ^ f'"'' y"" ^^''J approve 
«..a.l not lose.^^t y-.-H^l^^l'd^lto^;;^ ^^^S'^^ ^'^ you 

Feb. 6th, 1807. iiOBT. THORP K. 

D. Enclosed in letter («). 
Cp. 218.; 
JionERT TiioBi'E Ksquiro. 

same nature to un'y other person I am f;a' fu lit^ wm Id V ""'^f?""!'^ P'^^^^r of the 

a bad effect upon L ndjuL^.ut oVX'Tew ' iflrng"con "n tvXn' T^T\ 
111 this country. i-'umi^ i-uncorns i iia\e loft unfinished 

to su^:s^li;r.?^;;;'/f:rusl:;f^:^!..;;!J:;:; ^,::i!;;;'^'-v ''r^^' '- '"^--' 

to the lot No. 101 in the Distr ct of" Vin.^nl.? f u T'T/' ^^'"«'-''l « "ftice relative 
the accompanyiii I y oi^uiuo. vvdtS bv mJ^'i^ )V' ?'' ^'"^' «« ^^''^'I "« 
subject of tlio said Lot of land tlmt Ml Sd^^^ Mr. Clinch (seo B.; upon the 

whitever measure may ap e.'ir tsf Ja,^;; Sd" Z:r'Si:T\^' 'T' 
concerned III the nmtter alluded to «t".iuo .lustice to tho parties 

copy of which 'end 2 pmSlarl^al^,^I^^''''.'''"''*'\ ''"f'^''' '" ^«^«^'^'' '«"^t a 



fiiVER CRKnir, 0th Feb., 1807. 



a;c. &c. 



nch^ more 



r-il'f: 



7a— 9 



C. B. WYATT. 






130 



CANADIAN ARCHIVES. 



(/) C. E. Wyatt to Lord Castlereaoh. 



'^9 Ji 



(]). 220.) 



My Lord, 
the two chargGH 



to 
and I 



Foley Place, July 28th 1807. 

—I have the honoui' now to forward to your Lordship my answer 
j to which I have been required by Your Lordship to reply, an„ ^ 
am fiorvy that it has not been in my power to furnish your Lordship with my 
explanation ujjon those two points of accusation at an earlier period, but, without, 
hazard of negkct to my own interests, 1 have found mvself unable to forward 
that statement before the present period. 

Should your Lordship be of opinion that my defence does not sufficiently 
exculpate me from the charges alleged against me to enable you to reinstate me to 
the Office of Surveyor General of lands in Upper Canada, without further investiga- 
tion, it seems to me that it may be Your Lordship'.s intention to send an entTre 
copy of my statcr^ent to York, in order that the Government there may be informed 
of its contents and have an opportunity of replying to it, in which case may I be 
permitted injustice ^o myself to solicit that your Lordship will direct that I shall 
be made acquainted with the measures you may think tit to adopt in this respect 
by which means only, I shall be able to take such steps, as may be necessary and 
best calculated to prove that I do not deserve the dishonourable imputations which 
have been alleged against my character. 

Your Lordf ,p will I trust have reason to think so well of my defence in its 
present form, as to induce your Lordship to permit me to receive the arrears of 
salary and usual allowances from the time of my leaving Canada to the 30th June 
last, being the period at which these emoluments became payable. 

The circumstances of my situation preclude the poss"ibility of the agent in 
England possessing the necessary certificate from the Government in Canada to 
authorize him to pay the salary, the usual substitute for tho.se certificates in similar 
cases is an order from the Secretary of State, T therefore humbly solicit tha^ your 
Jjordship will be pleased to grant me the indulgence I request. 



I have the honour to be with profound respect 
Your Lordship's most obedient humbi 



ble servant 
C. B. 



WYATT. 



(y) C. B. Wyatt to Lorb Castlereaqii. 



(p. 270.) 

Foley Place, August ISth 1807. 

My Loko,— The confidence I feel in your Lordship'? justice, and in the purity 
of the motives by which I know the whole of my conuuct in Canada to have been 
actuated, induced me to hope that the explanation which I have already sent to 
your Lordship, upon the subject of the two charges which J have been called upon 
to answer, will be sufficiently satisfactory to prevent a confirmation of my suspension 
from my office. 1 therefore venture, relying with implicit confidence on the stroii"' 
grounds to which I have already alluded, to repeat to Your Lordship mv earnes"t 
and humble request that you will be pleased to allow me to receive the salary and 
usual emoluments of my office, at least untill Your Lordship shall have ascertained 
that I am unworthy of that indulgence. I am assured that a contrary conclusion 
will be the final result of your Lordship's investigation of my case and I am 
persuadv;d that under such a conviction in Your Lordship's mind, you would regret 
that 1 sln.uld have suffered a groat degree of deprivation and inconvenience which my 
conduct did not appear to merit. 

In the absence of the certificates which are the usual vouchers upon which the 
agent pays the salaries of Public Officers in Canada, & which cannot be supplied 
to finv officer during his residence in Rngland, the authority which it is customary 
to substitute in lieu of those certificates, is a letter from the Secretary of State 
addressed to the agent, authorising him to pay the salary in question as it may 
become due. But in aiidition to my salary a large proportion of the emoluments of 
my hmployment ari.ses from fees paid upon the spot, none cf which I can at present 



XOTE D.-POLITICAL STATE OF UPPER CANADA IN 1S0« 131 

have utiodi^ess to ord x t^t " LetfL™r^/'T' ^ ''"'' *^^* ^our Lordship will 
Canada, directing iL to ,myU ^alarv ^ written to the agent for tpper 

further comraarrds upon thJSieo- ^u H lu ^''g'^n'^ntil he shall receive 

authorising the ZolCo^A^lly roUltn\\t:ZZ of%""^ '' 7^f 
the Surveyor General and -.vhich shaU become du?t',n?«,mfn .1 f^««« n««^ due to 
^hall have been finally decided or untiUr^rallrecer f^ he ord^rT'"" '' ""^ 

fvo.n\rs^nKS^i^;r;&^^;i-t^ j^- ^{^^r -^^^-^ 

for the purpose of convevin.' ml famU^VZ fi ^ S*" ^^®^*^ additioaal expence 

I have the honour to be, My Lord, 

Your Lordship's most obedient humble servant 

C. B. WYATT. 
(A) LoPvD Castlereaoh to C. B Wyatt 

(p. 274.) 

Downing Street, 28th August, 1807. 

I am, Sii-, 

Your most Obedient humble servant 

CASTLBREAGH. 



(p. 303.) 



CO C. B. ^yYATT TO Edward Cooke. 



Foley Plaoe 8th Sept. 1807. 
tin,, f'rf" "'■''7°" with great reluctance that I again trespass on vou.- 

Canada a copy of the statement which I had the honnn,- tn rL;?i u- t , J 
relative to the two charges against me wtich f ^as";" o^. itti:" /lle'lndoSu!? 

Uaudulentiy erasing a person's name fromtho mi,; in the Sv^yor GoS^'^ 
n order to insert my own; and consequently that they arcfhe onlv means bv 
^^hlcll I ciui defend my character effectually against the serious imnuKtionB which 
may^bc brought ..gamst it upon this poi'nt, in the event of thrProvlncLrSov. 






1 


i 


i^i''.l'l 



132 



CANADIAN ABCHIVES. 




'9 I't^Si 



arnment not admitting the strict truth and accuracy of the statement which I have 
already made upon the subject. lam persuaded that principles of generous liberality 
as well as of justice, will prompt both Lord Castlereagh and you o accede to my 
request on this occasion, and to afford me every reasonable protection in your power 
against an eventual injury to my Reputation, which in my Conscience I know 
cannot be due to the motives which have actuated any part of my conduct in the 
discharge of my oflacial Duties ; and which in ail probability, were it to occur, could 
not be repaired during the remaining period of my life. 

It is scarcely necessary for me to state that the Emoluments of my office in 
Canada are of important value. to me, and I trust that you will believe me when [ 
assure 3'ou that much as I should suffer for the loss of them, I am less anxious to 
retain them than I am to rescue my character from any imputation which shall 
appear to attach to the pmbity and honour of my principles. Influenced by this 
impr^sion and feeling at the same lime the important value of the emoluments of 
my office, it was highly satisfactory to me to hear from you yesterday that both 
iiord Castlereugh and yourself were as thoroughly satistied, as you could possibly 
be by any ex parte evidence that I was entirely innocent of the only charge against 
me which attaches to my integrity and honour, and that altho' upon a general prin- 
ciple of Govt, there were objections to my resuming my station at York, under Mr 
(rore s administration, it was Lord Castlereagh's intention to recommend me to the 
Ireaaury for some other situation in lieu of that which I held in Upper Canada. 

It is obvious that as I am not to return to Canada my actual appointment to 
some other situation is the only means by which my Reputation can be defended 
against the degrading and painful stigma of having been deservedly dismissed from 
a lucrative and responsible occupation in the public service. I therefore hope that 
*?^ii^ .^ '^"-^^ ^''' ^"^'® *'^® goodness to delay the final and official confirmation 
of Mr. Gore s proceedings with respect to my suspension until I shall be apnointed 
to another office. ' '^ 

The expenses which I have unavoidably incurred amounting to about £3 000 
in conveying my family and servants to and from America, In purchasing house- 
hold J'urniture and other necessary articles for my use in that Country: the neces- 
sity which I shall be under of selling those goods upon the spot at a great deprecia- 
tion & under heavy costs and charges, will undoubtedly occasion to mc a positive 
loss of a very large sum of money. 

Adverting to this severe inconvenience & to the fact that my return is not pre- 
cluded by my being deemed unworthy the official countenance of Lord Castlereagh 
but by those general principles of Govt, which seem to retjuire that the Provincial 
Government should be supported in all cases of collision with its inferior officers F 
am induced to hope that Lord Castlereagh will have the goodness to allow me to 
receive the salary of my office in Upper Canada until my appointment to some 
other situation shall take place and I must beg the favour of you to submit to his 
Lordship my earnest and humble request to that effect. 

It may be right to observe that Mr. Gore's warrant of suspension goes only to 
suspend me expressly from the duties of the office, and certainly no other person 
can receive any of the emoluments untill an authority shall have been obtained from 
the Government at home to that effect. 

I am persuaral that under all the circumstances of my case, as it now stands 
Lord Castlereagh will bo disposed as far as may bo in his power consistently with 
the due discharge of public duty to grant me any indulgence which shall be calcu- 
lated to mitigate the great inconvenience to which I have been made subject by inv 
suspension from my office in America, and to avert from me the most 'distressing 
pecuniary embarrassments. ° 

I have the honour to be, Sir, 

Your most obedient, humble servant 

C. B. WYATT. 



NOTE D.— POLITICAL STATE OF UPPEH CANADA IN 1806, 



133 



Where to be obtained. 



Lint of i^i-sons referred to in Mr. VVyatt's letter to Mr. Cooke, date<l 
8th September, 1807. 



Office of the Clerk 
of the Executive 
Council, 



w ^^^^r"-*- ^*^Py ^^ ^^® ^^^^^' ''n Council granting to C B 
Wyatt, Esquire twelve hundred acres of the Waste Lands of 
the Crov/n in Upper Canada, together with a copy of the 
Keceiver General's Receipt for the amount of Fees paid by Mr 
Wyatt for three hundred acres being a portion of the above 
mentioned grant attested by the proper authorities. 

Lt Governor'8 or. Secondly. -A.u attested copy of Mr. W.-att's letter to Mr. 

r v^I"'' ?'"««>^«"t ^i-ant dated about the month of July 180«, request- 

/Tcneral 8 Office. | mg his permission to locate the Lot of Land No 161 in the 

j Township of Niagara. 



Surveyor General's 
Office. 



TAird/^— An attested copy of Mr. Wyatt's letter to the 
Monble. Robt. Hamilton dated about the month of July 1806 
relative to a person by the name of Shubel Welton whose name 
appeared upon the map in the Surveyor General's Office of 
that part of the country where Mr. R, Hamilton had lonir 
resided as a Magistrate &c. &c. together with Mr. E Hamil- 
ton 3 reply to Mr. Wyatt's letter above alluded to relative to 
, Shubel Welton. 

Surveyor General's Fourthly.-Kn attested copy of the official document called 
^^^^- « Location Paper, in favour of Mr. Wyatt for the Lot No 161 

in the Township of Niagara. 



Surveyor General's 
Office. 



Fifthly.—An attested certificate specifying whether it has 
not been the practice in Upper Canada with permission of the 
irovernor or person administering the Government, to substi- 
tute names on the maps 111 the Surveyor's General's Depart- 
ment in cases where the original nominees have neglected to 
take out their patents or from other causes in favour of 
subsequent applicants for the Lands so disposed of, and parti- 
j cularly specifying whether the name of the Honble. H. Allcock 
tiie late Chief Justice of U. Canada is not entered on the 
Dth lot north of the Town of York east side of Yonge Street 
formerly located by one Cozens, together with a copy of the 
authority by which Mr. Allcock's name was substituted on the 
said Lot in lieu of Cozens's. 

Sun^yor General's Sixth[y.-.An attested certificate specifying the quantity & 

^*^''^' I s'tuHtion of all lands in Upper Canada, described under the 

I ?,"'vJ^i"ir^ '^^ '^® Surveyor General's Office as a Grant to Mr. 
C 15. Wyatt. 

Sun^yor General's Seventhly.-An attested copy of all the original Orders in 
Office or Council Council in favour of Mr. John Young, of th" Township of 



Surveyor General's 
Liffice. 



^lagara, for lands granted to him in the Province of Uoner 
Canada. ^' 

Ei,jht hi (I. —An attested certificate specifying the quantity 
and precise situation of the Lands located by the said J Young 
and those actually described for him previously to the month 
of Ausrust 1806. 






i • , ff-f 



134 



CANADIAN ARCHIVES. 







of tK.r«m« roferrwl t., in Mr. Wyatts letter to M,-. f„„k,. daf.l 
Ktli Sei.teinber, 1807. ' 



Surveyor General's 
Office. 



Surveyor General's 
Office. 



Clerk of the E. 
Council or Book 
of Letters receiv- 
ed in S. G. 0. 
No. 5 page 1490. 

Surveyor General's 
Office or Clerk 
of the Executive 
Council's Office. 



Ninthly.— An attested copy, verbatim, of Gen. Hunter's 
7r.l ""^ communication refusing Mr. Clinch's application to 
bcatefor Mr Young a portion of the Lands granted to him 
Mr. Young, by the Executive Council on the spot. 

Tenthly.—An attested certificate signifying whether thei'e 
exists or not, any official register in the Surveyor General's 
Office in Upper Canada, by which it could be presumed that 
Mr Young had ever, prior to the month of Aueust 1806, stated 
a claim, to the Lot of Land No. 161, in the Township of 
Niagara, and whether there is any official register in that 
I>epartment by which it would appear that any Individual (gk- 
cepting the original nominee Shubel Welton) ever possessed a 
legal claim to the said Lot of Land in the Township aforesaid. 

meventMy. —An attested copy of Pioclamation dated 21st of 
August 1795, requiring all tickets or certificates of Location 
to be presented as prescribed &c. &c. 



Twelfthly.— An attested report from the proceedings of the 
Commission, established by a Provincial Act of Parliament for 
the purpose of securing titles to Lands in the Province of 
Upper Canada, stating whether any claim appears to have 
been made before that Commission in the name of Youn.- lela- 
tive to the Lot 161 in the Township of Niagara previous to the 
month of August 1806. 



No. 3 (of No. 45).— Extracts from Letters to Judge Thorpe 
(p. 372.) 

followingi'"*"" ^''"" °"^ ^^ ^"''"'^ ^"^ ^"'^"^ In-sbman) residing in America is the 

«t,, "f"?.'**!^'^'?^^^''; '^•■'i'",'^',?^ ^"^ another letter) I had handed to Mr. Clinch 
two hundred and fifty hard dollars to deliver you " 

Le Favre came from America on a Land speculation, but the Government con- 
ceiving he was an improper character did not accede to his wishes He then as 
SS fISf ?h''^ person Joes applys to this Judge, at least f.-om the foliowing i art 
giaph from the same letter, 1 have a right to make the conclusion • 

"son iVSTm'.^ l^"". f "" 7^:^^^ ^^' "^ ^ 'i.°l'^ y°" ^^'••'' t« P»^ ^he name of my 
son in law (Mr. Donohue of Streamstown) for the lands in place of mv own ht 
being young ar^d independent" and again, " [ shall add whatever you advise Vi 
entirely govern my conduct but to that end I mu«t look for y..«r cont n Un<' to 
honour me with your entire confidence." ^ * 

In a letter from one Thompson, a Bebel, is the following- 

' Capt Brant tells me the Dutch Men are gone up the Lake with the monev 

" nV. ?' t *^"^ \r ^«™«''''«^ '*'«"« with Mr. Jones, when I hope you ^ml[ 
some assistance in the money way." i -= .j • >iii j,ci, 



C?'. 374.) 



No. 4.— Mrs. Wyatt's Infor.mation. 



tion to 



It was Mr. Thorpe and his party that persuaded the people to raise a subscrin 
to pay h.8 Election Bills " that it might enrage the Governrient ind .hat had those 



-VOTE I).— POLITICAL STATE OK UPPER CANADA IN 1806. 



135 



" contemp^ble wretches, those old women (meaning the Executive Council) known 
" anything of Law, they might have prevented his being return'd a member this 
" .Session. 

Mr. Thorpe has also endeavour'd to persuade the printer engaged by G-overn- 
ment to relinquish his Office and that he would make his future for him Mr Thorpe 
declared he had never anything to do with the Elections, it is false, he was at tL 
head of every meeting held for the purpose & everything that appeared in print or 
Resolutions read at those meetings, were written by himself, he has declared the 
London address was intended to annoy & quiz the Governor and his constont 
Jioast 18, that he upset the Government in Prince Edward Island, and did not doubt 
he would do it again if they did not adhere to his principles. 



•1i 



No. 46. — Mrs. Thorpe to Howard Cooke. 
iCanadia7i Archives, Series Q., Vol. 310, p. 40G.) 

Albany 15th December, 1807. 

Sir,— The duplicate of a letter of yours having torn my husband from mo T 
request you will give him the enclosed, as I know not his direction. ' 

When going, he left with me draughts on Mr. Adams for one hundred pounds a 
few days after his departure several of Mr. Thorpe's bills on that Gentleman we're 
returned protested, for some deficiency in the foi-m of the certificate. My husband 
was now loaded with eveiy abusive epithet, and no money would be given on the 
draughts left with me. Unaccustomed to derive support from eleemosynary dona- 
tions, and unable to bear insult, I bade adieu to a place where my heart was" nearly 
broken. " "^ 

How I reached Albany I scarcely know, but on my ari-ival I applied to an 
American merchant who cashed the bills to defray the expenses of my )ourne\', and 
1 most fervently hope that nothing will induce Mr. A. to return these bills. 

I mention these circumstances to shew the ruin that the mere want of form has 
brought on an innocent family. 

When it was Lord Castlereagh's pleasure to suspend my husband, did he never 
give it sigh for the feelings of a wife or the helpless situation of seven children ? Yet 
his Lordship is a husband and a parent. 

My dear husband on the bosom of the deep surrounded with dangers, the Atlantic 
between myself and a friend, in a cold climate without means for "support, or even 
an acquaintance. What an alteration to a female, what a change of scene to one 
delicately brought up, reared in the lap of affluence. ' 

This intrusion on you is very unpardonable, I did not intend it, 'tis against every 
rule of etiquette, but viisery knows not etiquette. 

I am. Sir, 

Your obodient humble servant 

8. THORPE. 

I request you will not mention this letter to Mr. Thorpe. Poor fellow! he has 
alread\- sufficient annoyances. 



No. 47.— LIEU 1\ iOVERNOR GORE TO ADAM (JORDON. 

(Canadian Archives, Series Q., Vol. 'MO, p. 409.) 

P.S. You will form a favourable idea of our Courts of Justice in Upper Canada, 
when I inform you that the Grand .Tury of this District, have presented one of the 
Judges (.>[r. Thorpe) for a libel, who loft the Bench to plead his own case at the Bar, 






11,^* 



it 



"1 'f1 



NOTE E. 

COURTS OF JUSTICE FOR THE INDIAN COUNTRY. 

No. l.-LIBUT. GOVERNOE MILNES TO LORD HOBART. 

(Canadian Archives, Series Q., Vol. 89. p. 144.) 

,, Quebec 30th October, 1802 

o take cogmzance of offences committed in the IndTan TeSrv *^l'/"?"'°«« 
stance which gave rsetothin F?Ani.o^ar.<„«- • V"'"" -leTUory, ihe cu-cum- 
the magnitude^aS inportanLTthe tr^^^^^^^^^^ '-TT «««««q»ence and 

sogreat^hatlfeeiitXuliarfnLrmh/nf <^«^'"«*^ «" ^'th the Indian Country 
to YourLordship he Est info, "S on Ti^ ' u^' "Pu?" *^'« ^^'^^^^O" ^o transmit 

sources for the supply of Furs and mVh nefC, u' r\^^ have furnished new 

the (rovernor, bv^S^Sl^S^t^..^^^ ^" **""""' ^'««««« f''0'" 

man could depe'nd "pon "Eing a W^ thatofFrai.ee, no 

was pursued, and no establishes of mTr f ®^^^*'"' "» S^-'ieral system 
purchased thdr LiSencTtb a ZTand ea^eh t^^^^^^^^ 7'' r^^'' Individuals 
he thought best, so that the p.St of^he Tr ^wt; "^^^^^^^^ ^"' " 

Adventurers which annually offered and tho P^m?. regulated by the number ot 
N.n„l,.« .„d ,0 the Capua, L°t"i"b^a'ch onhem! ""' '" '=""°""'" '» '"* 

or Surame,- Beavor Lt the val r«!f ,h, ?• " l"".'"«"r'»ltr the Parchment 

excecie,! £140 000 Mb and wa.Sln ?., ?'", 1,""?'"^ ""^ '^"" exported never 

f W.OOO, ami in 1755 to ?5» Molr Ik' P""™'""? .'" "H when it amounted to 

6. Sinee the 0°n„u1« '"tho Snfr'it orBri.rh ??:'"'"'"' T ' ."«''"■'"« Trade. 



NOTE £.— COURTS OF JUSTICE FOE THE INDIAN COUNTRY. 



137 



and as they pursue the same hne of Commerce by the same means, and in the same 
iSn^t c l"""' ^°""try, mutual Jealousies have arisen, Complaints of the 
Conduct of each, and of the Servants of each have been made, and both 
have proceeded from one .tep to another until the Contest, from a Commercial 
Competition, has grown to open enmity and hostility 

8 But very lately a Clerk of the North West Company a. one of their Posts 
upon the Confines of the Country commonly known by the name of the Hudson's 

nf%,;rl'^!!n' fj, t '^''P"t*V^^ \^^^'^ ?f **»« N«^ Company respecting a quantity 
of Furs CO lected by an ludian who was in debt to both tfie Companies. The North 
West Clerk contended the Purs were his, because his debt was the oldest, and the 
Clerk of the New Company declared that he was in possession and would retain 
them; the former however persisted in his right and advanced declaring he would 
take them, when the latter drew a Pistol from his Pocket and shot him upon the Spot. 
„i i' . y?""/ ™«" who was thus the cause of the other's death came down to 
this Piovince in September last, and through the medium of his friends, offered to 
surrender h>mself for Trial ; but a Trial could not be had, because the offence had 
happened without the Limits of ♦SeProvince, and therefore the ordinary Courts of 
Justice had no Jurisdiction over it ; and it appears also that the Governor is not 
empowered to issue a Special Commission f^r the Trial of offences committed 
T V I, !^''«V"'l«- This case gave rise to the Piesontment made by the Grand 
Jury of Montreal, of which I have enclosed Your Lordship a Copy (B). Further 
elucidate the subject I enclose also a copy of the Report made to me thereon by 
the Attorney General (C). "^ 

,i\ ^[*??-^^l"" T'iS'^®,^^'** ^""'®'* "" w'thin the Limits of the Canada.., there 
would be but little difficulty in restraining the Two Companies and their sei'vants, 
and in keeping the Conduct of both within thoir proper bounds. But the seat of 
the Trade lies many Hundreds of Miles beyond the Limits of either of the Provinces 
where there are no military Posts, no officers of any Government, no Persons, in' 
short (Indians excepted) but the Servants of the Two Companies, who are already 
hostile to each other, exasperated by mutual acts of aggression, interested in the 
success of their respective Companies, freed from all immediate restraint, and fearless 
offuturo punishment, because they know that the Courts of the Canadas cannot 
take cognizance of Crimes committed where they trafflck. 

11. Under such circumstances every species of offence" is to be apprehended from 
Ii^spasses to Murders, and also that the natural Character of the English will be 
debased among the Indians; and that Ihe numerous Triben of those people will in 
consequence thereof be more easily wrought upon by Foreign Emissaries employed 
l.>y the hnemies of Great Britain. 

From what is here stated I trust your Lordship will perceive the great necessity 
01 providing as soon as may bo, a competent Jurisdiction for the Trial of all offences 
committed in the Indian Country without the Limits of the Two Canadas The 
rade is encreasing and the number of persons employed must therefore also oncrease ; 
to enable Your Lordship to form some opinion of its probable extent I inolose a 
l|eturn (D) of the number of Persons now employed in the service of the old North 
N est Company, to which may be added a third of the entire number, that bein- 
about the proportion of those who are in the service of the new Company. 

13. I further enclose a Statement of the average number of Furs exported from 
Quebec during the last nine years, with a Calculation of the Duties paid thereon, on 
their being landed in England, amounting to upwards of Twenty-two thousand 
pounds annually, also a statement (F) of the several kinds of Peltries actually ship- 
ped from Quebec last year, specifying the average prices at which they sold in Lon- 
don, amounting to Three hundred and seventy-one Thousand Pounds, which will 
shew the growing importance of this Commerce to the Mother Country. 
. • ,\i- J^'^'«ther subjecting persons engaged in this Trade to taking out Licences 
might altord an advantjigeous check to the evils apprehended, or whether it might 
be prejudicial to the Interests of the Mother Country in her particular intercourse 
with this Province, or in her general Commerce, is a matter that requires the most 
serious Consideration, I'urs and skins being raw materials necessary for many of our 





■' 


m 





! W 



ilFi 



138 



fANADIAN ARrHrVES. 





Manutaoturcs, and which cannot, be had from Foreign Conn tries ni.on terms so 
vin?« %Z'' ^ ;1! ''"r^ "' '^'n^ "'^'^" '''^''^ theyareprocuredfrom u lo'pendent I'rc^ 
THa?nfnS^n ^ °''^T'/''''^'%''^''°""^ *° ^"P« '^"^ » Jurisdie'tion lor the 
Trial of otfencee committed in the Indian Country would be sufficient it mav hi 
advisable that no other step Bhould be immediatel/taken for the better oKuSn of 
the Trade in question, thanthe establishment of such a Jurisdiction ^ " " ^ 

ilut at the same time I am of opinion, and therefore subject to Vour Jiordshio's 
Consideration, If It might be proper that the act of the Imperial Pari amen L 
case one shall be passed) to provide a means for the Trial of offences committed 
Tr pZonfL' f^l'^'Tu '''""J? "''" "."'P"^"^"^ '^' Governors to appoint such Person 
P«.Si 1 . ^^y "'u " '^*. ^^'. ^°.^''"'^ ""^ apprehend in the Indian Territory all 
Persons whatsoeve.- charged with Felonies and to send them under proper Custody 

T« ii. . "''■'"'""V" 7J'''^ ^^"^y, ^"^^"fe'- ""' ^'•"'^ ^^''^ tbey proceeded t<?the Indian 
Territory, in oi-der thereto take their Trial for the same. ±s Majesty's Proclama- 
tion of the 7th Oct. 17b3 has a Clause somewhat similar to that wS I have h™ e 
^T'^f' u^ :'^^t«".''« ?''^y to Military Officers and to officers of the In.lian Depart- 
ment, o which Descriptions of Persons there be none in the North West Territory 
With respect to what the Judges iti their Letter to me state, " that Felonies 
^^ committed m places where there may be no Court of competent Jurisdiction to 
tiy the same may be tried in the Province next adjoining to such Place where the 
pI. i?^ ""7 ^'^' *'''" committed," I have to remark to Your Lordship that the 
whiH T??vn. I u"'^ P*"'^ brought down the Grand or Ottawa Eiver to Montreal, 
r.i nl.i . ' if !]! '"""^r''^ the Posts belonging to the North West companies 
arc nearer to Upper than to Lower Canada, but as the Canoes return by the Ottawa 
U^e distance from the Place whore Justice is administered in Upper Canada niav 

Poi t of rt!".V""*'"?"r"*,i^!'^u P'""^'"' *^"'" '^' '^"^y ^^'"^ ''«^^n to Montreal, the 
TTnn«r(?n„H„ li u • '\ ^^ neccssary for witnesses to attend the Courts of 

Upper ( .anada, they would in the first place often come to Montreal by the Gran.l 

J^rZ' ""• rff'^ Z^"" J*P ^y *''^ ■^*''«"' "''^'■^•^ ^^""1^1 be attended with much 

:vU^]\ ■^T^^ ^^th«"efore beg leave to submit to Your Lordship's Consideration, 
whether instead 01 trying offenders in the nearest Province, it would not be advise 
'vlrjr'','''' ^'"? "^•'^"''"^^ '"^"^'^ ^'ovin.es the siune Jurisdiction to be 

wh^rti'^ff"''''V'nr '' f'"''"^" '^^^^""' confining it to the Province nearest 
where the offence shall have been committed. 

I have the honour to be, My Lord, 
Your Lordship'-^ most obedient and m(>st humble servant 

EOBT. S. MILNKS. 

Enclosed, 
(A.) T.fE Judges op King's Bench, Montreal to Lieut. Governor Milnes. 
(p. 153.) 

nrisn!,'if.'.rH!L ''"'''' the honour to present to Your Excellency a Calendar of the 
pi isoneis tued convicted, and under sentence, at the last Session of His Majesty's 
Court of King's Bench for this District. - '"J^^l^ ■'^ 

'■■' * * ;;j :^ 

ritnrrth/r'P^"/ t"" ^^^ '""''ders lately committed in the Interior, or Indian Ter- 
h« „^U 1, J r -^"7 '^'^^'e endeavoured to represent the magnitu.le of the evils to 
be apprehended, should a speedy remedy not be provided, to restrain the dan^rers 
that actual circumstances too clearly announce n^^ uangLi.^ 

fwnrnn«il*^%^'"P^?f-^'"?^'''M^"^ ^'■''"* ^''^^^ Kespcctive Governments in the 
vin. nf h; ' •^"'•'^J'Ction similar to that enacted by a statute passed in the 15th 
Sn? fS-P'T ^T'^yf ^''"^■> ''^-'V^ ''^ ^'^c. 2f> for Amcica-that Felonio, 
fK^^Tnl l>Ia;;'e8 -.vhere there may be no Oourt of competent Jurisdiction, to try 

the same, may be tried in the Province next adjoining to such place, where the 
ns hY.r''. VI ^T «^™°]'"ed it might deter the commission of crimes, so rar 
as the dread of detection and punishment could extend. . * '^ 



NOTE E.— COURTS OF JUSTICE KOR THE INDIAN fOUNTUY. 



139 



But your hxctdlency will percoivo that jurisdiction uloiio will not etfeetually 
secure Ills Majesty's (lovernment against the Commotions, the Hostilities and the 
Crimes that are to be apprehended in the Interior Country where the Fur Trade is 
carried on from this Province, 

Whatever measures could be adopted to correct the strong animosity which 
that Trade excites among the few who arc in possession oi it might weaken the 
source of the struggles, and the conflict of contending Parties ; and with the Juris- 
diction above alluded to give protection to the lives and secure the peace of His 
Majesty's (Jovornment and People. 

Which with all deference and respect is submitted by 

Your Excellency's mostobdt. humble servants 

J. MONK, Ch. Justice. 
P. L. PANET, J.B.K. 
J. OGDEN, J.B.K. 
A. DAVIDSON, .7.^. A'. 



(p. 156.) 



(B.) Presentaient of the Grand Jury, Montreal. 



To the Honourable the Chief Justice and the Justices of His Majesty's Court of King's 

Bench for the District of Montreal, in the Province of Lower Canada. 

The Grand Jury for the said District represent : — 

That circumstances which have happened in the Indian Country, evince the 
existence there of a most serious evil which ultho' generally known, yet the Grand 
Jury find themselves incompetent legally to investigate the same in its particular 
instances, as the alledged facts have happened beyond the limits of the District, and 
of the Province, but as such evil, in its nature, involves consequences of the highest 
Inipoitance, to the lives, personal freedom and properties of many of His Majesty's 
subjects of this Province, they feel themselves irresistibly called upon to bring the 
same under the view of Hie Majesty's Government through the medium of this 
Honourable Bench, that a remedy may as speedily as possible be applied thereto. 

The two provinces of Canada are each bounded upon one side of the Territorv 
called Hudson's Bay, and to that Territory, a very extensive Trade is curried on 
through both Provinces, but particularly from Lower Canada, from whenct- a number 
of persons annually go thilher, and when there, many remain therein for one or more 
years employed in different departments of the Indian Trade and afterwards return 
to this Province. His Majesty's subjects therefore in Lower Canada, are most par- 
ticularly interested in the subject of this Eepresentation. 

In the said Territory of Hudson's Bay there does not exist a Tribunal for the 
Cognizance of Crimes and Criminal Offences, and consequently in accusation for 
Offenses of that nature, committed therein either by Persons from the Canadas or 
otherwise the offender (from the want of such a Tribunal) cannot be tried in the 
Territory where the facts were committed, nor are the same cognizable in either of 
the Canadas altho" immediately adjoining thereto, from the operation of that -eneral 
principle of English Juiisi)rudonce, that Criminal Offences which have happened 
beyond their limits, cannot be enquired into by any Tribunal within such limits, 
consequently in such cases no remedy appears to exist, but such as is applicable 
under the present Statute of the 33rd of Henry the A^II, cap. 23 by the issuing of 
a special Commission in England by His Majesty, where alone, the facts can be legally 
enquired into and decided upon by a competent Court and Jury. 

The consequences which may result from :i doubtful Jurisdiction, or from the 
necessity ot a Reference to a Jurisdiction in this respect so remote as England is, 
one obvious and most alarming, such doubtful and such remote Jurisdiction mavh.'ive 
been an incitement to the Commission of Crimes, and must be so in that Territory; 
on the one hand they may totally defeat the end of Public Justice, or on the other 
may be the means of depriving an innocent person who may be unjustly accused, of 
over having an opportunity of Ip^^ally evincing to his Country and friends his inno 



, 1- 



< )I 



cence 



1 

i 






n 



140 



CANADIAN AROHrVES, 



cencebyVspLdyacquiLFf^^ »< guilty, and to protect inno- 

importance In roeanl to h« • ^fl?f ^ accuBed, and an punishments are of more 

wholesome influences is w^ohf lost wKuch^^^^ ^'l"^''^" '^T' ^"^'^ 

at a great distance from those ammU whnm f. 1 *"«'^""<^ Punishments take plane 
useful operation. "^ '^''°'" **'« examples are meant to, or can have 

Terrho';7-i«te^7;rE;S ^"^ ^"« 

and the cost of Prosecution and dS.An,..A "^''^^f.^^ witnesses on both sides, 

recourse to a Tribunal across ?he Ocean nnrftK ^T'" ^ 7"'*'"'' «"''«'• '« P'-^^^n 
and revenge, or where sucrc^ourse can or IZ^l ^t^^mtate to private retaliation 
punishment,'and the inn^ent b^sacVLd frSm ,h«^-^f ' '^' ^i^'y "^"7 e«eape 
trial; the <leath .,r absence of witnessefor ofh«/^^ time and place of 

template without horror the doss b e ahnL" f!' TT' ""1^'^^ '"'"^* '^^"""^ ^o"" 
Kiverise; as in the instant rf a Pr^^ '''''•"■'' ."""'' circumstances mght 
when the accused may be dLtUute'S norn^' ''""'"^' ^''°"? ""^' *' " '^'""^^ ^"7. 
dence may either be dead removed L^hT^t^ "^'T' ""^ ^^^ exculpatory evN 
events (however innocent he rrfinalvh„fT''.M'r"*^ ^'« reachSvho at all 
painful\.ontinoment far imovfd from hi/p "''■^i ""'" 5"^" ""dorijone a long and 
ruinous to every proLpect he hadlnir '^'" ^'^""'^ ^^^ Connexions, and perhaps 

the G^ran^rj^rjlVJ^fve ri^^ ^he ^^ rt^'l; J^^^^^^'" ''^ ^"^•-^-«. 

diction within His Maiestv'^ TVrTif^l ^ ,u®. establishment of a capital juris! 
purpose it is hi hly Sirabie K^^^ the Atlantic, and for this 

i^spectivelybcimx'fedwUh^^^^^^^^^ Tribunals in Canada should 

ancf Criminal Ottencerwh S Tav be oom.niH ^f"' "" /^' Cognizance of Crimes 
near their limits or beyond tLnmksSTn.K-'^ ■? P'^^^^^^ doubtful territory 
by persons connected^ wUh or in the ^Inl^l V '..''*' ''''^ '^"^' "''^ ^^"''"'"ed 

Trading from Hich Provinces resnec ivplt f^.^K^ ^ ''^P^"'^ '"^^'dent in or 

shall have happened '^'''^"'"' respectively, to the Territory where the facts alleged 

Perso^JTould'- . She iJ^rsfeilSntZt " f V^'^'fT «« '''"^^^^ ^« ^^^ 

^e:i^s ^v^s^SS r ---^-r '^^^^^^ 

^^e^oj^ration, .11. efl^^te^SI^SI/t^S^r ^r^^^^-^^^S 

The Giand Jury confide in this TTnno„....ki„ /-„..„. ..• ■• ., . 
sue 




lature of ikZ pTovi^ee i^ co ZX^ot to uf?o^i'l'^ '' T consideration of the Legi;! 
be made thereon, by ffiX3nc v f r? m^ v ■ 'T''^^'.^r '^ °«^ <^»^«t application 
be laid before the ImiieviXuZll^ k ^"{^^y^ Ministers, that the same may 
applyadequate,elie7 '•''''''''' ^^''^'^^'" ""^ J"«t'«« ^^i" r.ot fail to 

Montreal, 10th September, 1802. 

John Guil. Delisle 
John Richardson 
Silvin Laurent 
Alex, Heniy 
Jno. Delisle 
JanifiM Woolrieh 



William Hunter 
Francois Papineau 
Jno. Blackwood 
Jacques Hervieux 
Frodk. W. Ermatiiiirer 
Samuel Gerrard 



Pierre JJerthelot 
Pre. Guy 
Isaac Todd 
A. Auldjo 
Jno. W. Kind lay 



Denis Viger 
Ftienne Guy 
John Porteous 
Charles Lariv^e. 



NOTE E.— COKRTS OK JUSTICE FOR THE INDIAN COUNTRY. 

(C.) Report of the Attorney General. 



141 



w 



{p. Ifi2.) 

To His Excellency Sir Roborl Shore Miliios, Bart., Jiieiitoiiunt Uovoinor of the i'lo- 
vince of Lower Canada &c. &c. &c. 

May it please Your Kxcellency, — 

In obedience to the commumlM of Your Hxcelloncy signified to me in Mr Sec 
HylandM'H Letter of the 15th instant, directing me to re])Oi-t my o})inion— '• Wlicthor 
" persons charged with offences committed in the Interior Conntry, without the 
" linute of this Province, can now be brought to Trial in this Province, and it not 
•' what will bo the most eligible jurisdiction for the Trial of such Offenders." I have 
taken the subject fully into my consideration and am of opinion that Offenders of 
tins description cannot now be tried by any of the ordinary Courts of Law nor by 
any special Commission issued in this Province for the jurisdiction of the former is 
contined to Crimes committer! within the Province, and no authority to issue any 
special Commission iW the Trial of Crimes committed without the limits of the 
Province is vested in the Governor. It was indeed formerly held that under the 
Statute of 14 George 111, c. 8;j the (Jovernor had such Authority, in like manner as 
His Majesty is by an Act passed in the ;5,i year of King Henry the 8th enabled to 
issue special Commissions for the Trial in Hngland of Offenders charged with murder 
committed without the realm, and two other persons, James Gale' and Alexander 
Henry Thompson wore in the year 1788 indicted at Quebec for murder committed 
in the Interior Country and convicted upon a special Commission issued for that 
purpose uiuler the Great Seal of the Province. Doubts however weie entertained as 
to the legality of these convictions and the (Question was submittetl to the i)re8ent 
Chief Baron McDonald and Lord KIdon then Attorney and Solicitor General who 
were of opinion that the tlovernor could not legally issue such a Commission, and in 
consequence of this opinion both Gale and Thompson were by His Majestv's orders 
dischai'gcd from custody. 

The Attorney and Solicitor General were also of opinion — "That in oi'der to 
"bring to trial in the Province persons charged with having committed under 
" any particular circumstances Felonies or other offences out of the Province 
" some Provision must be made by Parliament, if it should deem proper so to do either 
" by giving jurisdiction to the ordinary Tribunals of the Province for such purpose 
" or by passing an Act to enable the Governor to issue special Commissions for the 
" Trial of such Offenders." 

1 have the honour to concur intirely in this opinion, as to the necessity of an 
Act of the Imperial Parliament, our own Provincial Parliament being incompetent 
but I cannot but prefer the last to the first means proposed. Our Courts of King's 
Bench are held but twice in a year, and to detain witnesses who come e-'ther from 
the United Slates or from the Indian (Country until a Term of the King's Bench is 
held will freipiently be imi)i'acticable, at all events in those cases where they do 
remain great expense will be incurred, burthensomo to the Crown or to the Pris- 
oners; and in those where they do not remain, the offender may escape the punish- 
ment due to his Crime or an innocent man may be injured from the want of their 
Testimony'. 

Under a special Commission which can be issued at anv time, the Justices 
appointed can by adjournments grant that time which the respective situations of 
the prosecutor or the prisoner may require be that longer or shorter, and accom- 
modate each ])arty so as to answer the ends of Justice. 

1 must also remark that many parts of the interior Country in which Crimes 
may be committed, may be supposed by the United States to lie within their limits 
and it appeal's in bo highly proper therefore to vest the jjowur of proceeding t,> 
Inals of any offences committed without our Territory in the" hands of the Governor 
to be exorcised by him, with the advice of His Majesty's Executive Council, accord- 
ing to his and their discretion guided by the Circumstances of the case and the 
Political Exigencies of the Province. 



I 



i 



^l 






142 



CANADIAN ARCHIVES. 






'M 



I am for tlic-No luaHons turther of opinion that a Statute of the Imperial Par- 
ian.ont, veHtii.g .„ (ho (Jovernor an.l Kxo.utivo Co.n.cil ofthis IV-.v-inco h X nowj,- 

An'rH,?'''?!"' ^T'T'T ^"^^ 1''" '^'•'"' •'* ^'"'<'"'«« committed on i.e Continenro 
America w.hout the ImutH ot" the Kinir'« Province, an.l the United StateHrir. 
voH 0.1 in Jlis Majesty and in Iuh I'rivy (?„uncii l,y the Sta ..to o fTJ lie." 8 c "^ 
with respect to the I'rial in England of ..rto.Hlors charRod S m. de ;,nmitt;d 

All which, nevertheless, is most respectfully uihmiltod by 

Your Excelloncy's most obedient and most humble servant 
QuKBKc, 23nl October 1802. •'" S*^^^^^''^^^- ^^^- Gfeneral. 

*^^'VomT'''' :'^^'y;^«V^.-*''®P"P'""*"''"^' ""^' ''^«^« occupied by the North West 
Comi.any m the Indian Country, with the number of Partners Clerks and 
Men employed m that trade, exclusive ot the King's Posts 



Xmiic.1 ipf I)(')piiitim'ntM. 



Lntitud*. 



LciriKitiiili' 



fioiii Mi 



4(> ;«> 

"i to 47 •Vi84' 

4«L'r. 

4«' 

48i ;•;.•. 

4S 40 
4!l to .-).H 



Saint Maries 

^^i(■lliIliL•otill ] 

Kaiiiiinistiiniii * 

<rraii(l roitiiiff. . . 

Millf Lacs 

Fie. '.".".'.['.'.'.'..] 

Nipifeoii Lake ....'. 

Ni|)i(foii .. . . 

Lac (Ic la t'luie 

Hivit'if Roiijjft- iV Assiiiilioim' 

Lac ()iiiiiini(|ii(' 

Knit l)au|iliiii 

KufTliHli Kiv,.,- (Mis«mi|K.) ,r,,s 5,i t„ .-,5.45 

.Athahasca . . , I 

l-plMT .yiiab.Lsca River 

Soiitli .side of Lai Su|)erior aiivt the 
I 1111(1 (In Lac 



S4 W. 

^ to 84 45 

IK) 
itl ») 

«(i-2 
8(1 to 111 



48 !»to4!» 20 
48 2.5 to 51 -45 

r>o to :>4 

.51-40 to.fia 
33 10 to .54 30 



• )i) to (Mi 

.'■>4 to &"> 



40 to 48 



01 oO to !I4 30 
!l7to 103 1,-| 
IMiVI to!»!l 
!l8a-) tol02 45 
!•!» 47 to 115 
!IH to 112 
110 to 120 
112 to 11(1 I 

84to<J5-30 I 



S 



1 
3 
1 
2 

2 
3 
2 

7 

(> 

10 



!) 
!» 

18. 
3 

12 



i 




^ 




s 


X 


s S 


. 


S 


J 


r- 


4 


i^ 





f- 




2 


12 


14 




3 


10 


13 




2 


18 


20 




3 


8 


11 




3 


(i 


l» 




4 


10 


14 




•) 




11 


1 


10. 


55 


(i() 




(i 


28 


34 





i(> 


00 


108 


2 


13 


(15 


8(( 



• iraml or Ottawa J{iver 

Saint >raiirice I'osts 

M(Kwe Kiver, Hudson's Bay 
T( iniscaniinxne . 



102 
4 
3 
2 
(i 



18 



(!. Total 



117 ' 20 



14 


(>0 


l(i 


80 


12 


75 


m 


m; 


4 


44 


15 


(18 



!)8 

8!> 

207 

50 

84 



141 
(i 
5 
3 
(i 



101 



822 

18 

9 

10 

18 



!I8] 
24 
14 
14 



10.58 



It may be proper to st^ate that of this number, there are employed 
in the Territorj of the United States, comprehendinir fiH.\„f.,|, 
side of Lac Superior, until the division of the watei . thai fall 
into the Missispo on one side and Hudson's Bay on the other 
as also the Grand Portage 

On the waters which fall into the RivoVstLuwrence,' comprehending 
the North side of Lac Superior, the Post of St. Maries, Kamiir. 
istiquia, Temiscamingue, Lake & St. Maurice .. 
tlie wp.! -4 >vhich fall into Hudson's Bay, compreheiVding "the 
River ,,ougc,Nip-.on Fort Dauphin, Lac Ouinipique, the Shas- 
katci.-,:~v\,, x T'^hsh River (Missinipe^ ,...,.... 

,tb^ ■vat,,,, which discharge them-selves into the North"Sea"b"y 
JlcKenwies River "^ 



do 



On 



And 



C30 
257 



105S 



NOTK K. — COL'KTS OK .JfSTICE Foil TICB INDIAN COU.VTRV. 



143 



porial Par- 
iiioli power 
intiiient ot 
aten as aro 
II. 8, c. 25, 
t'ommitted 
il of such 



it 
'neral, 

orth West 
lerks iind 







X — 












?y. 


^ 


c 


f> 


lu' 


14 


10 


i:t 


IH 


•_>o 


S 


11 


10 


14 




<) 


iV) 


(ii; 


L'H 


•M 


!NI 


lOM 


t)*) 


HI) 


tio 


"•"' 


KO 


!IK 


i'> 


8!l 


im; 


207 


44 


r* 


(IN 


S4 


H2-J 


iWl 


1« 


24 


9 


14 


10 


14 


18 


23 


877 


1058 



115 



KxcliiHivc ofiho altovo iiiiiuImt nf Partners, regular cloiks and HorvaiUs who 
winter, there aro 80 [to] 100 (Canadians and Iroquoio Hiiiiters with whom tho North 
WoHf Company liavo Contracts, but who are nor considered Horvantsof the Comitiiny, 
ranging fieo over tlio Country wherever they tind it convenient to iuint. 

There are yearly ctnployod by the Conipuny in Canoes by the Ottawa Kiver 
.'(40 men, 400 ot' which ^o to the phice of Rendezvous on Lac Superior, where they 
pan* tVom (I Id S wecl(«, and then return to Montreal witii the Furw. 

, McTAVISH, KKOIUSHHR&CO, 

( K.) AVKHAOE XuMnKK uK j'Ei.TaiKs cleared at tiic Custom House (Quebec (or 
I'lngland, for nine years from 1703 to 1801 inclusive, with a calculation of tho 
Duties paid thereon on their landing in Hnuland, am<iuntiiiir annualiv to 
i:iO,071.15.t. 



(p. 1G8.) 



137,558 

a8,3(i8 

18,340 

11,320 

5,483 

10,141 

19,280 

100,811 

144,430 

12,200 

843 

6,885 

778 

819 

219 

!t,140 

1,978 

2,835 

57,151 
2 

if 



Heitver Hkins Id each £ 573 2 4 

Martins 55s pr' 40 or Is -Ih each. 2,05(! 7 ."i 

Otters Is 5d each .". 1,299 14 5 

Minks 16s (kl per 40 233 13 

Fisiiers Is 4Jrd each 399 5 2 

Foxes 4Ad"each 190 2 10 

Bcnrs ."w (id each 5,303 13 '' 

• >oer 2d 1,415 1 10 

Raccoons Kis 9d jjor 100 993 " •' 

Cased and open Cats Us per 100 67 2 " 

Klks 4d each 14 1 '• 

Wolves Oh 4d each 2,180 5 " 

Wolverines 3h Gd each 130 3 '• 

Careajoux 3b 6d each 143 6 

Badgers 7d each 6 7 9 

Kitts lis per 100 50 4 3 

Seals 2d each 10 9 M 

Squirrels and nares lid per 120 1 1 10 

Muskrats 138 9d per 100 392 11 3 

Butl'alocs 

Tygor 2 9 



16,071 1.". 4 



Tho foregoing calculation is made in conformity 
with an Act passed in the 27th year of His 
Majesty under which all former Duties were 
consolidated, but it is understood that since that 
time other and additional Duties iiave been laid 
on Skins estimated on the articles above stated 
to amount to 5,950 



i 






Average amount of Duties paid per annum £22,021 15 4 



> A 



M\ 



030 

257 

i05S 



i 



" CANADIAN ARCHIVES. 

(F.) Statement of Furs exported from Quebec in the vear 1801 wifh .v,a „ 

Pi-ices at which they sdld in London\mounting toSl.Sihi ''^'""'^'^ 

Beaver Skins 179,947 lbs. @ ISs Gd per lb £ 139 45s S « 

Martms 24,454 @ 8s 6d Uh 10 29113 6 

pters 21,837 @ 28s 6d 31 117 14 fi 

M.nks 10,689 @ 48 6\i . a'lJ^ u « 

rushers 5,422 ^ 7s .V ^897 14 " 

Bears 25,299 @ 55s 69 572 5'" 

foxes ]c>,290 @18s J^'aJj Z .. 

Deer 227,205 @ 69 68 16 10 '■ 

Raccoons 92,345 @ 3s 4d 15390 16 8 

Cas'd&openCatsI8,704 @ 10s 6d .... 9 819 T> '' 

Moves 2,875 (.^ 17s 6d .^ji' 12 6 

Wolverines 1,252 @ 10s 6d 657 6 '' 

\iji'iger, 219 @ lOs 6d ul jq « 

Kit Foxes 9,130 @ Is 8d j^J ,; o 

Seals 1,505 @ 6s 6d i..;! S 2 6 

£371,139 11 4 



Xo. 2.-.T0HN RICHARDSOX TO II. W. RYLAXD. 
(Canadian Archives, Series Q., Vol. 293, p. 230.) 

Montreal 21st October, 1802. 

n thoir pieaentment at the last term ..1 the Co.- 1 of Kinc'» Hp noh .„,! .k'l^ / P^ 

commonlv called tl^o in ul ^"""'iT. '« «-'iT>ed on by two distinct concern, 

mmmmm 



NOTE E.— COURTS OV JUSTICE FOR THE INDIAN COUNTRY. 145 

The new Company, upon the commencement of its operations was viewed bv 
the other with a Jealousy and Rancour improper in the SubLte of the same Snire 
pursuing a egai and open T.-ade, to entertain; which annually increasinru became 
thJow I Seii wa^" ^""P'^"^ '^' '' ^-^P'^''^ ^^^''^ «^^^«''« whi^h tL dd coScl 

Had these obstacles been such as a fair and honest emulation and exertion could 
interpose there could be no right to complain ; but the new Company have to conted 

?o1?ow?n^ '?hf mo^tTlt ''T' 1"' aggravating nature, am^ong^st which':,"' t e 
lollowing Ihe most false and malicious impressions have been made noon the 
minds ot the Indians regarding them, whereby the lives of their associatefde-s 
and servan s wi h the property in their charge are endangered. The Indians hive 
been stimulated to commit actual pillage, and to fire upon Canoes of the new Com 
pany. Attempts have been made to debauch and eStice .way tlei cloifc Z" 
servants, in some cases with effect, and a clerk so debauched from Ss«mV. after- 
wards employed treacherously to impose upon other persons thereTwZZerfthZ 
Ignorant of such Treachery. The property of the new Compaiiv has been nHIaS 
and stolen n the Interior Country, in^some cases by so,i^e7tto\i^ettes^Clefks 
and servants of the old. Their property has been destroyed by umleSd acts 
These are severe charges but strictly true, and the dignity of Government is wfill 

imin'totrf t™T '"^^'^ ^'^^f^'^ «"''J«''^« requires^hat'^means shS be fine 
upon to prevent a Recurrence with impunity of such illegal acts from any nuarter 
The attempt to pillage having in one instance met with a determined Renim,; 
was attended with fatal effects, and more particularly ledto the p™ entment o/S^ 
<.rand Jury upon general grounds, as to the ovil consequences of theVant ot^i Crin in d 
Jurisdiction extending to the Country where that fact happened, having found them 
selves mcompotent to enter upon a legal enquiry into such particular fact The eir 
cumstances alluded to was this. A Clerk cf the old Company coSuL/in li. 
Z'^a'cferSn' ""^ "^^^P^"'^^ by servants, insisted upo^ taking fro ?a vou g 
man, a Clerk of the new Company, without as8istance,8omc Furs, which ho had ,> •" 
yiously received ,n payment from an Indian. The young man remo, strated aln s 
the Injustice, and warned the other of the consequence!, as h™de?ermiS^^ 
d; 'nJtlTP';*^;",' '^'i ''"\''^'^"' "" ''^*^'^'^«- ^te otUr stiH persild d la d 
^.iMi K "'''u-/l*'^'*^^*^^™^>'^«'*^«''^'^«" t*^« clerk of the new compinv ti "d 
and killed him, whilst in the act of what he considered Robbery. SimilarSs m'v 
lead to similar effects. Retaliations may become frequent. Force miw Mineral iV 
.evail over Justice The consequences may be dreadful to contempla^to^andthi 
ur Trade must in the end be annihilated, if a competent Jurisdiction is i ot estnb- 
lished in the Canadas, for the InvestigMion of Crimes and CrimiLd Offe uos com 
nutted in ho British part of the Indian Country, beyond their limits TeymTL 
man who ki led the other came down with an Intention of meeting the Laws u TS 
Country but he fact being not cognizable here, he remains in the depl< rible p re- 
.1 cament, that neither his Innocence nor his Guilt can be legally ascert^med The 
number of persons from Lower Canada employed in the Trade to the \o Th WeJt 
who winter there and therefore are effected by such want of JuhL^^^^^^^ 

onir 1 I Pn^''"'" ^^"^ !" l"*"^ """«'['ly>whereo1fabouttwo.thirdsare , U oemikn' 
of the o d Company an.l about one-third in that of the new. It mav thoretb re be 
assumed as a humane a.u just principle, to assign to the Tribunals -here the ^o-r! 
nizances of the Offences which may be committed in situations above said in all cases 
where the party ac(M,sed is associated with, or in the employ ..f person esklent 

I hin Lower Canada, it would also have u material tendency to^,rom.>,e ode 
and impress he persons employed in that Trade, with a Respect of the Laws if a 
I7^f- r'j" M° w^''''''^V'' ^*^""^^'' ^^"^ •'^ Lake Superior, it being the i "tende 

1 rnf'in h^?f'*•^''•^""'''^r'''''^- P-^'-^^ '^^ -•"^"^•- '«"n.berof\hen:cnon- 
pl-yed in the Intenor will annually come, and there meet the Canoes going from 

Montreal, and if a Civil Magistrate could also be appointed to reside th.M-e the con- 

sequences would bo highly useful in aid of the more extended Jurisdicfioi of the 

Tribunals of the Canadas But I think that the Civil Commission thci'e should be 

Ya-llir'''"^" distinct from that having a military one at that post. And further 



f 



; 



f 



>• 



^ 



146 



CANADIAN ARCHrVES. 



it would be expedient and wise, to require from the principal of the present Com- 
panies, and of every other, who may hereafter trade to the Indian Country within 
the Bri«;;sh Teri-itory beyond the limits of this Province, Bonds of an adequate 
pecuniary amount, to become responsible for the good conduct of their Associates, 
agents and servants in that Country, and conditioned, that upon complaint being 
duly made upon oath, before a Magistrate against any person in their employ for 
Illegal Conduct, that the principals (upon being thereunto required by the (lovernor. 
Lieutenant Governor, or person administering the Government, after communication 
to him made of the said oath) shall bring down the person complained against, in 
order that the Facts alleged may be enquired into and investigated by the proper 
Tribunal, and if found guilty, that such person (besides undergoing what the Law 
shall inflict) bo forever after proliibited from returning to the Indian Country; but 
if he shall be found to have been wrongfully accused, then the principals of tlie per- 
son or persons upon whose complaint he shall have been brought down, bo subjected 
to a pecuniary penalty, exclusive of the Kecourse which tho'accused may have in 
such case by action at Law, against the parties who wronged him. 

In attempting to comply with His Excellency's Request as contained in your 
Leltei', I found it impossible to contine myself to a statement merely of the number 
of the men employed without going into some detail of the causes of complaint 
which exist, and which had a material connexion with the subject, and with that 
Instance, which having much occupied the public mind, as above mentioned, led to 
the presentment of the Grand Jury, I trust that in this exposure of existing evils, 
and in the attempt to suggest some Remedies for tjiem, His Excellency will see that 
there is an anxious desire to bring about an ad quato controul against abuse of 
every kind, from whatever quai'ter it may proceed. 

In regard to the past, the now Company have in their favour at least this 
prima facie argument independent of facts capable of proof, that being in extent of 
numbers only as one to two of their Opponents, they have not bad the power to 
commit abuse, were they so Inclined. Whereas the other Com|)any having unques- 
tionably had the power, the etl'octs thereof have been but too severely felt by the 
new Comjiany. 

T have the honour to be with Respect, Sir, 

Your most obodt & very Humble servant 

JOHN RICHARDSON, 





NOTE P. 

PROPOSED GENERAL FISHERY AND FUR COMPANY. 



Xo. l.-SIR ALI?;XAXI)ER MACKENZIE TO LORD IIOBAET. 

{Canadian Archives, Series Q., Vol. f)0, p. ;J7.) 

NoRKoi.K Street 7'th Jan. 1802. 

My Lord— III obedience (o Command, i liiive now the honour of tnmsmittin.' 

n ^ our Lordship inclosed, a Project of " Preliminaries to the establishment of a 

•permamont Inshery c^ Trade in Furs &c in the interior & on the West Coast of 

• :sorth America '—expressive of the result of my experience & deliberation on that 

great JSational object. 

It will require some management to mediate the Coalition of the two Companies 
at .Montreal in such a manner as to fix the Svstemof Enterprise necessary for carrv- 
mg the combination of the Fishoiy and Fur Trade into effect, as some of the oldest 
members are likely to prefer continuing in the Beaten track. Let such be at full 
iberty to do as they please ; but if (lovernment should think fit to confide to me the 
Itoences m question for the beiiooft' of such as shall accede, c*c at the same time to 
recommend it to the (Governor of Canaila to countenance me in my eiuleavours to 
bring it about, as a measure which has the sanction of, & will be protected by Gov- 
ernment ; I have not the least doubt of succeeding with all those, whose personal 
exertions are essential : indeed, infinitely more essential than the Capital of the 
others, since the former can only be replaced by Juniors successively growing un in 
the Service, during a period of six to ton years; whereas the latter.'and any larcrer 
sum that may be found to be necessary or employed to advantage, can be raised*' at 
any time by recurring to London, and might be raised in London before my depar- 
ture, wore It not thought that those already in trade at Montreal ought to have the 
preference, and others only the accession to it, 

1 intend to embark on ray return to America, towards the end of the Month • 
and if there is any service, which I may be deemed capable of there performin.r it 
will give me pleasure to take charge of it. ^' 

I have the honour to be, My Lord, 

Your Lordship's Devoted c^- most faithfull Hble Servant 

ALEX. MACKENZIE. 
Enclosed, 
Preliminaries 

to the Establishment of a permanent British Fishery & trade in Furs &c on the 
Continent I'c West Coast of North America. 

(;;. 39.) 



Articles 
1. 
To form a supreme Civil & Military 
Establishment, on the centrally situated 
and Navally defensible Island of Nootka, 
ut King George's Sound Lat. 50° North, 
with two subordinates, one in the River 
Columbia late 46^' iV' the other on Sea 
Otter Harbour Lat. 55 North, 
ta— lOJ 



Observations 
1. 
Priority of occupation vesting sover- 
eignty in the possessor, no time to be 
lost. 

Vide Treaty with Spain of 1790. 



' fl 



148 



CANADIAN ARCHIVES. 



i' 



I 



ii 




2. 

Either to repeal so much of the Acts 
of Parliament now in force, a>* vest in the 
East India Company or South Sea Com- 
pany jointly or sepa lately, an exclusive 
Bight of Fishery Trade & Navigation, in 
the Pacific Ocean & on the West Coast of 
North America ; 

or 
to obtain from both or either of those 
Companies, a. Licence irrevocable and un- 
limited, there to Fish Trade and Navigate 
in their or its Eight and to Establish 
Factoi-8, or Agents at Canton in China 
and any other Port, or place within the 
limits of their Chartert, foi' the Direct 
Sale & Barter of the Exports & Imports, 
from & to the West Coast of North 
America, to & with the people of China 
& others, there residing or trading at the 
time ; as fully & freely as both or either 
of these Companies might do, if they 
themselves carried on the said fishery 
trade & navigation; namely, during the 
yet unexpired term of their charters; 
and those Charters not to be renewed, 
but either with the entire exception of 
the said Fishery Trade & Navigation; or 
under a legal obligation to continue the 
Licences now to be granted for the whole 
term of their duration. 
3. 
To obtain from the Hudson Bay Com- 
pany, If it has legal power to grant or 
refuse it, a Licence of Transit, irrevocable 
and unlimited; for all Goods Wares & 
Merchandise, the growth, produce & 
Manufacture of ' ."reat Britain & of A.neri- 
ca, in & outwards, through all the Seas. 
Bays, Ports, Rivers, Lakes and Terri- ! 
tories, within the Limits of its Charter, 
in their passage directly bettveen Great 
Britain t& North ^wiencrt, without being 
subject to any visitation or Search nor to 
any duty or charge, to which those of the 
Company itself are not liable; the Con- 
signee, say the Resident agent at York & 
Churchill Factories, or Conductors of 
every transport delivering to the Gover- 
nor, or other officer representing the 
Company in chief, at the first Port or 
pl'vce of Entry into the limits or jurisdic- 
tion of the Company h Manifest of the 
Marks, Numbers & Contents of the several 
package-H, Chests &c. upon oath to be 
admitiistered to him by the said Governor 
or ofi'cer in chief, who, within twenty- 
four hours after such Manifest has been 



2. 

On the ground that neither of these 
Companies have exorcised this Fishery 
& Trade, and that the East India Com- 
pany is under a legal obligation to Grant 
such a Licence, unless cause to the con- 
traiy, allowed to be good by the Board 
of Control can be assigned. 
V. Act of Par. 33 Geo. Ill, Cli. 52, sec. 
Y8. 



On the ground that as the returns of 
this Trade are not realizable in less than 
three or four years, no body of men 
capable of carrying it on to the advan- 
tage. of the Nation, will embark in it, 
unless thus assured of its permanency. 



3. 

On the ground that the Eight of tran- 
sit between the Mother Country & her 
Colonies, through her own proper Terri- 
tory & Colonies, is an Attitude of sover- 
eignty, neither surrendered, nor meant 
to have been surrendered to the Hudson 
Bay Comp'y according to its Charter, 
the exercise of which is not deniable on 
any principle of Political Economy ; whil«* 
it is neressary, and would be highly 
beneficial, as being the shortest way to^S: 
from Countries without its limits for the 
purpose of facilitating the intercourse 
between (Jreat Britain\% these Countries, 
in the Exchange of the Manufactures of 
the former for the raw products <jf the 
Latter. 



NOTE F. — PROPOSED GENERAL 

to him tendered shall roturn the same to 
the said Consignee or Conductor, indorsed 
with his Visa & Signature, under the seal 
of the Company, lo serve as a passport, 
producible at every, but not questionable 
by any other station of the Company, 
commonly culled Trading Houses, inter- 
iorly or exteriorily by any Governor or 
other officer or servant of the Company 
within the limits of their jurisdiction. 
4. 
To grant these Licences to a Company 
of British Merchants, to be established 
in London under the name of "The 
Fishery & Fur Company " which Com- 
]<:iny for the purpose of combining the 
Fishery in the Pacific with the Fur 
Trade of the Interior from the East to 
the West Coasts of the Continent of 
North America, would at once equip 
Whaler.-i in England, \: by means of the 
establishments already made and in 
activity, at Montreal in the Kast & 
advanced posts & Trading Houses in the 
Interior towards the West Coast to 
which they might be extended i^ whore 
other establishments to be made at King 
George Sound Nootka Island, under the 
])rolection of the supreme Government ; 
iN: on the Ifiver Columbia and at Sea 
Otter Barbour, under the protection of 
the subordinate Government of those 
places would ojion \' Establish a Com- 
mercial Communication, through the 
Continent of North America between the 
Atlantic <V- Pacific Oceans, to the incal- 
culable advantage & furtherance both of 
the Pacific Fishery A: American Fur 
Trade of Groat Britain, in jjart directly 
i.V in part indirectly through the Channel 
of the possessions & Factories of the 
Fast India Company in China ice, it 
being perfectly understood, that none of 
these Maritime or inla ,1 Establishments 
shall be made on territory in the posses- 
sion of any other European Nation, nor 
within the limits either of the United 
States of North America or of the 
Hudson's Bay Company. 



FISHERY AMD FUR COMPA.W. 



149 



4. 
There are at present, vide Mackenzie's 
Voyages, two Companies at Montreal, 
engaged in the North American Fur 
Trade, both of which are chiefly com- 
posed of men, who by personal exertions, 
no less hazardous than laborious & 
persevering, have contributed to the 
extension of it into formerly unknown 
parts ; and who, if not the only men 
able to extend it to the Pacific, are at 
least the most likely to succeed, as the 
best quali'iod to undertake it. These 
Companies have not heretofore had any 
idea of embarking in the Pacific Fishery, 
but if they should succeed in combining 
the Fur Trade of the East with that of the 
West they would find it highly beneficial 
to combine the latter, if not both, with the 
WhMle Fishery, and in so far as they may 
not be possessed of a Capital sufficient for 
carrying on both the Fishery & Fur 
Trade, they would be at no loss for 
Partners in L<indon who would raise the 
deficiency. 

The VVhalers might carry out from 
England all the British articles Saleable 
or rather barterablo for the furs and 
other Products of America, & bring back 
such part of the latter as would best suit 
the British Market ; while other vessels 
of such a size & construction as may be 
found best ada|)tod might be employed 
to carry the samples to Canton & 
such other of the Settlements of the 
East India Company, as offer the best 
Market, in the way either of Sale or 
Bnrter, 

But as it is obvious that the two 
(/ompanios already embarked in the Fur 
Trade from Montreal, including their 
several connections in London, must find 
their- interest in ooalnscins. mav that the 
great national object in view, in the first 
instance, if not wholly unattainable 
without, will at least bo best attainable 
through, a volun'.ary connecion & con- 
sol idatioit of the two Companies into 
one for such a number of years & on 



i"'' 



i:-: 




ii'' 




j 



liiil 



150 



CANADIAN ARCHIVES. 



London 7th January 1802 

ALEX. MACKENZIE. 



such other tei'ms as thoy may aj^reo 
upon ; so is there not the least reason to 
doubt; That under Kuch Licences l.st of 
Fishing Trade & Navigation iV 2nd of 
Transit, they would unite themselves t^ 
succeed equally to their own ])roper it 
to the public advantage. 



No. 2.— SIR ALEXANDER MACKENZIE TO .TOHN SULLIVAN. 
(Canadian Archhes, Series Q., Vol. 203, p. 225.) 

Montreal 25th October, 1802. 

. , ^^?'r^^ -"^"J"^ Hobart having done me the honour at parting, to express a 
wish of hearing from me, on this side the Atlantic, I take the liberty of addressinc^ 
you encosiDg copies of two papers, which, on the substance of which, I presume 
will be transmitted through the Lieut Governor, tho' not perhaps inimediately, 
and which 1 beg leave to request, that you will please with this to lay before His 
Lordship. The papers will explain themselves, and I am sorry io say shew that I 
have not succeeded ; as also evince the jmpiobabilitv of my being able to succeed 
in bringing about the union between the two Fur Companies Vhich my Lonl 
Hobart so strongly recommended to me as the first step towards the accomplish- 
ment of my f\iyourite project : Without the aid of Government, by grantin-- the 
Licences (I had the honour of proposing) to one of the contending parties' with 
the condition that the other parLy should have the option ot sharinir in the pro- 
portion of the Trade they might be carrying on, to that part of His Majesty's 
i>oinin.ons, I see no means of bringing about a^coalition, for several years to come 
by which tinie the Trade may be reduced if not ruined, and the opportunity .,f 
making the Western Establishment lost perhaps for ever 

I have conversed with General Hunter upon the subject and though averse to 
Monopolies of any kind, he agreed with me that no mode would answer to carry 
on that trade to advantage & to make the proposed Establishments, but through a 
Chartered Company. I had no promise from His Excellencv that he would com- 
municato this his opinion to His Majesty's Ministers. 

^^ ^'^ ''^^!^ P''"bability exists of bringing about in a reasonable time a 
VGluntaryCoaiitionof the two Fur Companies, may I be permitted to submit to 
His Lordships consideration, the expediency of securinr at all events in a 
National point of view the means of liereafter giving efficiency to the favourite 
project alluded to, or any other which Government may think it elitrible to 
coun enance, by forming an immediate Military Establishment upon the Western 
Coast ot North America, so as to prevent other nations anticipating us in an 
object, the importance of which cannot at present be foreseen in all its 
consequences. 

And further I cannot too strongly entreat His Lordship's attention to the 
propriety k necessity of establishing as speedily as possible such a jurisdiction as 
Shall prevent the contending Fur Companies from abusing any power which 
supenoritv of numbers or strength may accidentally confer, and vvhicl. shall seem 
to each, the fruits of fair harvest and industrious exertion. 

A jurisdiction possessing such efficient Judicial Control, boriidos bavin" th.^ 
most beneficial effects in general, might also be a means of promoting a 
speedier Voluntary Coalition of the Companies, l,v preventin;,^ a recurrence of 
those causes of increasing animosity which tend to 'keep them asunder 

Jtwill not escape His Lordship's penetration, that in any Legislative inter- 
ference upon the subject, it will be essential to avoid everything which could be 



NOTE F. — PROPOSED GENERAL FISHERY AND FUR COMPANY. 



151 



constr 
regarc 
commercial 



ued to confer 
I to their doubttu 
enterprise 



upon 



the Hudson's Bay Company a Parliamentary si 

chai ter, or which couhf give them tlie right of 

from this quarter by the usual inland routes 



motion in 
checking 
into any 



Territory which Traders from hence have been accustomed to occupy; although 
the same may nominally be included in the limits of the said Charter. 

I had the honour of remarking to my Lord Hobart that an attempt had been 
made by one of the partners in the old Fur Company to penetrate in a n»ore South- 
ern direction than I did to the River Columbia in which he failed throughill health; 
a second attempt has been made by another partner of the same concern with no 
better success, owing to a mutiny of the men employed, arising as I judge from the 
want of an appropriate Talent foi- such an undertaking in the leader! Thave been 
credibly informed that the Astronomer who went upon both expeditions declares 
positively that the object is not impracticable. 

The communication to the Lieut. Governor through Mr. Kyland is clearly- and 
decidedly the sentiments of the principal people of the new company of whom Mr. 
Richardson is one & a most valuable, active k respectable Magistrate of this City. 
I have the honour to bo with much respect. 

Your Devoted and faithful Humble servant 

ALEX. MACKE:NV.lh:. 

(For enclosures, "John Richardson to H. W. Ryland " see Note E, No. 2 and 
I' Pretentment of the Grand Jury of Montreal," Note E, enclosure B.) 



r^\m 



■w 



Q. 85 



STATE PAPERS — LOWER CANADA. 



153 



1795. 
• lammry 5, 

17!t!». 
< )< tul)Hr 28, 
Muntrciil. 



18(K). 
.1;iiiiiiirv (i. 
Hc.llv (Jl-iiv, 



•fuiiuHiy 



;ii, 



.Marcli S. 



.Iiiiii- !l. 



•luill' 
liilln 



■'2 

ifn.' 



.hiiii 

BanU 

latiil. 



.f Kn^r 



STATE PAPERS-LOWEK CANADA. 
Lieut. Gov. Milnes and Miscellaneous— 1800. 



Q. 85. 



Abstract of warrants for the civil ovpenditure of Lower Canada for 
the year ending on this dav. jp' j^-^ 

James McGill, Edward W. Gray, Simon ^[cTavi8h and John Richard- 
son, a committee to receive and remit the voluntary subscriptions for 
prosecuting tiie war, to Jumes Pliyn, John Eraser and Lawrence Brick- 
wood, constituting them agents to receive and apply the remittances 

fSr.^o o'^^'P^'?"^ »"io""t to £4,06:1 16s. 4d. sterling, of which the sum 

±,d,jb8 bs. sterling is remitted. 321 

Enclosed. IJesolution of the subscribers appointing a committee. .S23 

liist of subscribers' names. " 324 

George Rose to King (?) Sends a request from Thomas Dunn, which 

• he thinks moderate, and asks for his (King's) good offices for its attain- 

111 6 n t . Q 1 o 

Enclosed Thomas Dunn to George Rose. Asks for his good offices to 
obtain twelve months' leave of absence. 319 

Ryland to King. Asking that an order may be obtained to continue 
the usual barrack allowances to the Governor or Lieutenant Governor 
of Lower Canada, to their Secretaries and Aides-de-camp and to the clerks 
in thehecretary's office. This has been ordered by General Hunter but 
It IS desirable to have it put on a more certain footing. Calls attention 
to the Indian Department in Upper Canada being entirely under the 
control of the Lieut. Governor. Whilst in Lower Canada it is under the 
commander-m-ehief, so much so, that Dechambault, Deputy Indian 
Superintendent, was dismissed on accepting the office of Provincial Aide- 
de-w.mp (though the two employments were perfectly compatible) and 
the othce given to an officer in the Canadian volunteers, whose regi- 
mental duties do not permit of his executing those of superinten- 
dent. " ' ygg 

Rev. J. Bentick to same. Sends copy of the Lieut. Governor's speech 

to the two Houses of the Legislature and copies of their answers 330 

Lieut. Governor's speech (English, 335; French, 339). 335 33l» 

Answer of the Legislative Council. ' 3,^1 

Answer of the Legislative Assembly. 343 

Ryland to King. Airangements for provisions, &c., that will require 

to bo made when the management of the Indian Department is trans- 

lerred to the Lieut. Governor. 352 

Bishop of Lincoln to same (?) That on his visitation he has been 

trying to find two clergymen suitable for Canada, and is not without 

hope he has succeeded, both are curates, one Rudd, a married man of 25 

at Grantham, the other Sanders, single, about 28 or 2H. Before deciding 

they wish to know the income as curates and the chances of promotion • 

where they are likely to be placed in Canada ; what allowance will be 

made for the voyage or for book.-^., .tc, it may bo right (o take to 

Canada. Any further information would bo useful. They have no 

private fortune or friends who could advance thera money. 

A. Newland to Portland. Has reeeived bill for £2,9i2 lis. Id. as a 
voluntary contribution from Lower Canada. When paid a certificute shall 
be transmitted. 3,0 



M 



':l 



1S4 



STATE 1>AP£R8 — LOWER CANADA. 



Q. 8a 



w.ati 



I . 



IHIN). 
.Inly (i, 

Bl(KlsW(lTtll. 



July 7, 



July 20, 
(iniiitliuni. 



July 22, 
(iciwer Stifi't. 



July Ml, 
Bank of Kug- 
land. 

Au^UNt 4, 
•Sli.-ttield. 



August <!, 
Austin FriiiiH. 



August r, 



August H, 



August 12, 

(,IU'-tH'C. 



Rov. .Tames Sutlierland RmUl to Kiii^i;. That ho intends to accept the 
a|)|)ointnient in Canada. Dosircw to icnow the arrangomonts made. 

F'age 'MO 

Bishof) of'Qneboc to Portland. JUh grutitication that lie has in isoino 
measure anticipated His Grace's wishes as to the selection in Canaihi ot' 
young men for the Ministry. The tiaininj;' and characlerof J)r. Htuart's 
son. Had ordained l)im and Mr. .Jackson, a Hchooimaster from Hnghind, 
who had been |ir'eparing for some time for ordination. Mr. Stiiari to be 
placed at York, all expectation of the return of Mr. Raddish being 
relinquir'hed. Mr. .Jackson to bo even ; lecturer at Quebec. Sees no 
immediate prospect of suppl3'ing the wants of the Church by a further 
selection of pei'sons for the sacred office, few of those born hero being so 
educated as to tit them for the office and still fewer of those who come 
to settle. Nothing ett'ectual can bo done till better means of education 
are obtained. Witliout this not the Church only but the State will bo 
very ill supplied with persons of competent ability and educatioi!. Con- 
siderations on this subject had been submitted to the Council. 374 

liev. J. S. IJudd to King. Had been intbrmed by the Secretary of 
the Society for the I'ropagation of the (iospel that his (Rudd's) appoint- 
ment had not been communicated to the Society. The certificates 
remiired, iVc. 36ii 

Dr. Morice to same. The trouble that might have been saved to the 
Society had Mr. Kudd's appointment been communicated. Has no 
doubt he wilj be allowed a salary ; he seems to bt a proper man. 
Another clergyman in Deacon's orders had been bi'ought but had 
not appeared before the Board, which has some doubt of accepting his 
services. ;{GG 

Newland lo the Duke of Portland. Sends certificate of receipt of 
£2,942 lis. Id. Voluntary contributions from Lower Canaila. ;J(J8 

J. Wilkinson lo Iving. Asks for information as to the conditions on 
which clerg3'men are required to go to Canada, on behalfof ayoung man 
who is desiroui) to go there us a missionary. iJtl'J 

P. & H. LoMesurier to hame. Applications on bolialf of Philip Robin 
who has sent a memorial on the subject of raising hemp in Canada. 
Character of Mr, Robin ; the necessity of (rovernment help owing to the 
length of time it takes to have a pecuniar}' return from ihe cultivation 
of hemp. Mr. Robin has £10,000 to invest in the industry if he receives 
encouragement, but all the arrangements must be made with the British 
tiovernment, as he does not wish to be involved with confJicting interest 
in Canada. 371 

Milnes to Portland (No. 29). Semis Naval Officer's returns of 
vessels entered and cleared at Quebec, between 5th April and .5tli 
•July. 1 

Same to same (No. 30). In consequence of reports respecting the 
crops and grain remaining for sale, has referred the subject to the 
Council with a memorial from the principal merchants; encloses 
report of Council, ke. Has recommended the sailing of the convoy on 
the 20th instant. Favourable prospects for the iiarveat. 2 

Enclosed. Order of reference on the memorial of merchants. 4 

Report of Council on the same. 6 

Same to same (No. 31). St. Maurice Forges leased to Monro i^ Bell 
for Mve years at £850 currency a year. Part of the King's Wharf let 
for 30 ycjirs at £310 a yeai' ; the other part of the wharf, with the stores 
reserved for military purposes, effecting a saving on the latter of £400 
a year. The Forges and wharf which did not produce £20 a year 
may now be valued at £1,500 currency or L'1,404 sterling a year. Will 
adopt a similar plan with respect to the King's posts, the revenues of 



Q. 85 



Q. 85 



8TATK l'Al'KH8— I.DWKII CANADA. 



155 



accept the 
iiado. 

['age 3t!0 
IS ill some 
Canada of 
»r. Stuart's 
1 Kn,u;laiid, 
:iiari to be 
lish beiiijLC 
Sees no 
a turthei- 
•0 boiiiijjso 
who come 
education 
fe will bo 
ioi!. Con- 
374 
jretary ot' 
i) appoiiit- 
crtificates 

ed to the 

Has no 

)per man. 

but had 

jpting his 

366 

receipt of 

3(i8 

litions on 

ouni>; man 

IJtI'J 

ilip Eobiii 

n Canada. 

'ing to the 

ultivation 

e receives 

lie British 

ig interest 

371 

eturiis of 

and 5th 

1 
icting the 
it to the 
; encloses 
joiivoy on 

2 
8. 4 

6 
ro.'t Bell 
iVharf let 
the stores 
r of £400 
!0 a year 
)ar. Will 
ivenues of 



1,S(H). 



AllKllNl 1 I 

(iuclH'i;. 



AtifCUKf. 14, 



which have been given up in aid of the civil exponses of the Province 
Ihe annual value of the posts lio iiopes to raise to £2,000 or .a.OOO a 
year; the present Iosscoh pay only £100. lias reason, f oin the election 
roturiiH to ho|)e that the House will bo well composed. Pago H 

Milnos to Portland (No. :\2). Sends minutes of Council on State buni- 
noss between 28th .January and 4th .Juno, and on Crown Lands from tho 
same date to the ,treBent day. jj 

Minutes, .trd March. Hej.ort on the |)Otition of Johnston APurss for 
renewal ot their lease of tin; King's Wharf. 12 

Minutes, 22nd March. Memorial from Monro & Hell, for prolongation 
of tho lease of the St. Maurice Forges laid before (.'ouncil ; with proposed 
advertisement respecting the Forges; referred to a committee. 14 

Jioport of Committee on Public Accounts with proceedings boirinnin«- 
on the Pith October, 17!»0, with details. & ' fe ^^ 

Reports (if tho (irand N'oyor recommending a bridge over the Mont- 
morency; from the (irand Voyer of Three Rivers respecting tho cost of 
mason work for a bridge over tho Rivii^redu Louj) ; letter from the Com- 
missary recommending that part (d' the King's Wharf at Quebec bo 
reserved, and representations from the Magistrates of Montreal and 
Quebec on the breaking outof contagious diseases, referred to Committee 
of the Whole. 3g 

Accounts of tho JJocoivor Croneral and of the Collector of Provincial 
duties, with contingent claims, referred to a Committee of the Executive 
Council. rjH 

Minutes, Pith April. Statciinonts, with schoduloof Provincial revenue 
and expondi lure laid before the Hoard. 33 

Minutes, 24th May. Report of the Board on Provincial revenue and 
expenditure. 40 

Report on the Commissary General's recommendation that a part of 
the King's Wharf should be reserved. 41 

]{oport on the Ijridgo at Three Rivers (p. 36). 43 

Jieport on the liridge at Montmorency (p. 36). 44 

Eoport resiiecting the St. Maurice J<\)rgos (p. 14), with correspond- 
once and otfers from Monro & Bell, and the Batiscan Iron Co. 45 

Pecommondation that stops l)e taken to erect Parsonages or Jlectorie? 
in the Province according to the ostablishmentof the Church of England. 
List of clergymen of that Church in the Province, signed by the Bishop. 
Ilev. Mr. Mountain Bishop's Official, Minister at Throe Rivers ; S.J. 
Mountain, Rector of the Knglish Church at (Quebec; Mr, Tunstall, 
Rector of Christ Church, Montreal; Mr. Doty, Minister of William 
Henry: Mr. Short, Minister at St. Armand; Mr. MontmoUin, formerly 
Minister of the Knglish Church at (iuoboc, and still retaining salary from 
Government, superannuated ; Mr. Voyssiore, formerly Minister at Three 
Pi vers, and still retaining a salary, superannuated. 53 

Minutes, 28th May. Eoport recommending the payment of a hundred 
guineas each to Dr. Longmore and Dr. Jones for attending tho families 
of the poor atllicted with late contagious fever in Quebec and Montreal. 

n , • . 55 

i roclamation tor dissolving tho present aad calling a new Assembly, 

revised aiul ordered to l)c published. 56 

Minutes on Ci'owii Lands, 1-ilh August, 1800. Report on petitions for 
townships, with tho rosull in each case, and proceedings of the Com- 
mittee. 61 to 164 
Miines to Porliand (private). Has lecoivod fiom Judge Do Bonno a 
vindication in answer to the complaint of tho Chief Justice of his non- 
attendance at the Courts of Justice. Asks that a decision on the case 
may be postponed till the documents can bo sent, J65 



IK- 



ISH 



8TATK PAl'EHH — I.OWEIl CANADA. 



Q. 88 



IS(N). 

.\ll(<llnt 1 I, 
•.Jiii'Imc. 



IIP 



LuikIoii. 



OctolicT 1, 

OctnlllT IS, 

(2ut'l«'c. 

OotolxT 18, 



jOct()b<T 18, 



()(;tiil«T III, 

[(i\lfl)L'C. 



OctolxT 25, 

liUflH'C. 



Oct. il HI- 25, 



Ott(.l«T 25, 
I^ucIh'C. 



MiliioH lo I'oiIIuikI (MOparuto). Tlio oxiuniiiation of tlio potitioiiM for 
towimhipH omiIihI iiiid roporl. niado, ho that llu< most (lilliciilt and laliori- 
oiiB pail of tlu! land l)U8iiu'H.s ih loiududcd. Iwory pt'lilionor could not 
bo satiMfu'd, biitoveiylliiii^ Nuhinittod to him (Mihu^n) haH lioon inarkoil 
by Htrict iiitoi,'iily. The principal labour lias fallen iipoii the Chief 
Justice, an chaiimiin, the Lord MiHlion, Finlay, Jiaby, Dunn and Younj^. 
Attendance ot the other nieniberH, |{e<()niniondM ffianlin;^ a townHhiji 
to each of the six inontir^ned, for reasons j,'iven. If this is not apjjroved 
of HU^'gostH grant ini,' halt a township without conditions except |)aying 
the cost of survey and the ol<l fees. Will lr;insinit by the Fall fleet 
hiH views respecting township of which pails have been granted. 
Finlay and Dunn have received grants of township on the regular terms, 
but this should not i)ievciit them getting the additional grant as mem- 
bers of the I'lKccutive ('ouncil. Pa<'e Kill 

S. Gale to Portland, (falling attention to the memorial on behalf of 
applicants for lands, iVc. 378 

(An enclosure will be found in this volume, page 354, in letter dated 
7th July, page :M!t.) 

Ryland to King. That Lieut, (iovernor has received Portland's dis- 
patches, but will postpone answering them. 175 

Memorial of Chief Justice Osgoode, for arrears of salary, having 
occurred owing to his removal from Upper to fiowir (Canada. 178 

Milnes to Portland (private). Transmits answer of Judge De Bonne to 
the charge made ai,'ain^t him bythe Chief Justice. Thosteps taken toavoid 
bringing on a public investigation, whi(di would have renewed the i)arty 
spirit existing at the time of his arrival. Sends register of the .Superior 
Court for three years, leforretl to by J)e Bonne, as in his favour. Do 
Honne's loyal conduct. Although he was remiss in not making known 
to the Chief Justice the reasons for his iion-atteiulance, yet, considering 
all things, contents himself with stating the particulars and -• \iting in- 
structions, 2^Q 

Enclosed. Answer in (French) of Justice Do Bonne, dated 13th 
August. 183 

Extract from tiie complaint of the Chief Justice. 18U 

Register of the attendance of the Judges for tho terms of the court 
held during 1707, 1798, 17!»!' and to April, ISOO, showing the number of 
days Messrs. Dunn and De Bonne were absent. 188 

Milnes to Hunter. Asking if the expenses of the Indian Department 
.nhould not continue to be paid in Lower Canada out of the Army extra- 
ordinarice. 223 

Hunter to Milnes. That the Indian Department is entirely under the 
control of tho person administering tho (iovernincnt of Lower Canada, 
but the payment of tho department out of the Army oxtraordinarios 
need cause no inconvenience. 224 

Milnes to Portland (No. 33). Sends requisition for goods for the 
Indians for the years 1801 and 1802. 191 

Requisition. 192 

Same to same (No. 34). Sends Naral Ollicer's returns of vessels 
entered and cleared at Quebec, between the 5th of July and the lOth 
instant. "jjlj 

Same to same (No. 35). Transmits mimioriai from the commissioners 
for building a Metropolitan Church ; the estimate of the expenses is 
£4,025.10.6'., exclusive of articles unprovideit for. The expense by tho 
care of the commissioners has been mndo as low n.s pnssiblo. Should thi! 
sum of £400 a year allotted for the building be adhered to, it will take 
twelve years to complete the work. Having advanced £800 for this and 
last year tho foundation is laid and jiart of the materials bought. If 
tho represontatious of the commissioners is acceded to, tho most ossen- 



Q. 8B 



V.i^ 



Q. 85 



OctlllM.f •_<(■,, 



Oc'tdhi'i' 27, 



OctdlKT 2H, 

(illtllM'l!, 



<^icIm'c. 

OctoiiiT :t(), 



HTATK fAI'ERS--r,OWBIl CANADA. 



167 



fini imrl of -.ho l.nildin^^ will ho (•omploto<l in Iho courso of next 

linrlos,!,/. Meniori.vl of tho commissionoi-rt for iMiil.ling a Vfotio"Sita..' 

Almtmc.t of tho oHlimiito for b.iil.iing an KngliHJ, Molropolita.i Church 
at(iuoboc, !.!(» loot long, (.0 foot broad and :{4 foot high from tho base- 
niohi. 2_^ 

(!l.i,.f .l.istico ()Hgoo.l(, to Portland. Thankn for HIh (iraco's kindnoHs 

an.Uoi- H.s MajontyH approbation. Had doHJrod to return immodiatoly 

t) hngland, but would romain until next Hummor in aeoordanco with 

tho KingH doHiro, and shall on hie arrival in London wait on His 

Ti aco, ,j„j 

Ilyland 1o F\ing. SoikIh copy of application from Monroo iV Hell and 
ariHwor, ro,spccting arrears of salary to Sinclair, Lieut. Uovornor of 
Michilimakinak Irom May. t792. Tho letters from Long of April. 171»8 
»>id April, 17!»!i, relative to this subject have been taken to Inland by 
1 loscott, only unattested co|.ie.s have been left in tho offloe, and it does 
not appear fr()m (hem out of what fund these arrears can be paid and 
as tho pay and arrears amount to £1,400 he feels it incumbent not to 
advance th(. money. Calls attention to the fact that Decharabaulfs 
commissum as Deputy Superintendent of Indians is still in force 208 

Endoseil. Application from Monro .\: Hell, dated 20th October for 
the issue ot a warrant for tho pay and arrears of Lieut. Gov 
hinclair. f,„J 

Answer l.y Ryland, .lato.l 27th October, (hat tho documents in the 
offlce of tho Lieut. Governor do not justify the issuing of the war- 
rant. 2Qg 

liyland to Mnjor do Salaborry, dated 4th October. That tho Lieut 
Governor considers the commission to Dechambault as Deputy Suner- 
inlendent of [udian Atfa . to be still in force, but he gives up all claim 
to the salary during the time he (deSalaberry) has been performing the 
du los of ho officer on tho existing condition, that £M) a year be paid 
to (ho widow of M. Launi^re. ^ 207 

Millies to Portland (private). Transmits list of the Executive Coun- 
cillors o Lower Canada, with nolo of tl* attend.ince of each. Recom- 
nieiuJs the appointment of throe additional honorary members for reasons 
given, (1)0 three recommended boinij Williams, Ciaigie and Panet- 
account of the (|iialiHcations. &c., of each of them. ' ' 

List referred to. 

Names of uoudomen recommended for Iho Council. 

Monk to Porilaiid. Asks for an increase to his salary as 
.MIS (ice. "' 

Milnos to Portland (No. 30). Has sent to Lieut. General Hunfe 



209 
21.3 
215 
Chief 
21« 
the 



mslriiction (hat (he appointmont of the officers for the Indian Depart. 
nuMitiii Lower Canada is vested in (ho Governor, Lieut. Governor or 
administrator; believing (ha( no change was to be made in paying out 
ol the Army .'Xtraordinaries, hiid applied to Hunter, but was answered 
thill jiH Commander in Chief ho had nothing to do with it, being now a 
civil o.vpeiiditure. Sends list of appointments. Should no order be 
received to j)!iy tin; salari(*s out of the Army oxtraordinaries ho would 
issue a warrant on the Receiver General. Desires also to be informed if 
he !s i'.'. -A-.-.w.' provisioHH aiitl tjtiicr articles from the Klng^s store for tho 
ndian Department. Should it be decided that the officers are not to 
have barrack allowance, aw not being on the military establishment 
trusts that (hey may receive an equivalent allowance. Tho change the 
transfer will make in accouiit.s, although not in expense, will not be a 
great (lillorenco in the estimate of the civil expenditure. The actual 

H 



I 







158 



STATE PAPEHS — T.OWER CANADA. 



Q. 85 



ISflO. 



October — 
Whitehall. 



Octolior — 
Whitehall. 



Novomlier ' 
QuulKic. 



increase in this oxponditui-e owing to the erection of gaols and court 
houses undertaken at llin Majesty's command. The addition to th. 
salaries of the puisne Judges will be nearlj' made up by the increased 
revenues from the Forges and wharf In coiisequencc of the price of 
fuel for the use of the Chateau, &c., being stopped by the Duke of Kent, 
has charged the same to the Provinciiil revenues, and made an allow- 
ance to the persons In the Secretary's office. Page 219 

Portland to Miines. (No. 10). Dispatches laid before the King. 
Approves of his declining to interfere in the early sailing of the "Maid- 
stone," although the want of corn was felt in Ureat Britain. It is a 
satisfaction that there is the prospect of an abundant harvest in Canada, 
The manner in which the leases of the St. Maurice Forges and the King's 
Wharf have been granted is entirely approved of as well as his intention 
to the public revenues. The letter transmitted to the Treasury. 170 

Same to same (separate). Will postpone a first determination on 
Justice De Bonne's case, till the arrival of all the documents (see p. 1G5). 
Hefore deciding on the grant to the Executive Councillors (see p. 168), 
desires to be informed of the relative value of half a township without 
such condition. His Majesty will rely entirely on his (Milnes') judg- 
ment in th distribution of the proposed grants to those who have and 
those who have not attended the meetings of the land committee regu- 
larly-. Those who have not attended at all cannot expect a shaie of this 
favour. 172 

Milnes to Portland (separate). Hi.s belief that the real situation of 
affairs in Canada is not known to His Majesty's Ministers. The founda- 
tion of the constitution must rest on the proportion between the aris- 
tocracy and the lower orders; several causes are lessening the power of 
the Government. 1. From the manner in which the Province was 
originally settled; the independent tenure on which the cultivators 
hold their lands, the little power retained by the seigniors, their indis- 
position to trade to improve their foitunes, so that they are compelled to 
live like the simple habitants, who have little connection with the 
seigniors except the obligation of having the corn ground at the Canal 
mills, the passing a toll ot each fourteenth bushel, which they consider 
rather as a buidenspne toll than a^ a return for the land, which is held on 
very easy conditions. 2. The prevalence of ihe Eoman Catholic religion 
and independence of the Church, which goes further than was inteiided 
l)y the Hoyal instructions, so that the whole patronage has been thrown 
into the hands of the Eoman Catholic Bishop. 3. The necessity which 
existed at the time of the conquest for disembodying the militia. These 
facts are more important since the establishment of the new constitution. 
Formerly an ordinance issued in name of the King of France was sutli- 
cient to enforce the execution of a measure without argument or doubt. 
Now measures are discussed in the House of Assembly, so that the power 
of the executive govei'nment may insensibly become nothing; the 
seigniois have not power to ensure their own election or that ofany one 
they may support; the ignorant man, who cannot perhaps sign his name 
has a better chance than the first officer of the Crown and heat one time 
despaired of getting the Attorney (ieneral into the Assembly. The 
habitants are industrious, peaceable and well disposed, but liable to 
be misled by artful and designing men, and once sensible of their 
own independence the worst conse(|uences might follow, as they aie 
tlio sole proprietors of nearly all the cultivated lands in Lower 
Canada, the seigniors and ecclesiastical bodies having conceded to 
them for ever the greater part of the lands in parcels of from 100 to 
200 acres, with comlitions as to mills, Hcv. So that the seigniors 
are in many instances reduced below the situation of their vassals. 



Q. 85 



Q. 85 



STATE PAPERS— T.OWER CANADA. 



i5d 



ISOO. 



ri>e equality of situation throughout the country owin-!: to the mode 
of life of the habitants, little or no difforencc in alHuence beintr diw- 
coverable except in the towns of Quebec, Montreal and Three Rivers 
ihe counties are divided into parishes, the principal person in each of 
which IS the priest i.nd the next the captain of Militia. How the 
influence of thp Government might be extended; it must bo at some 
expense, but that would be little compared with the cost of nuellinL' a 
disturbance. Much could be effected by means of tyrants of lands in 
tree and common socage, but in the meantime much might be done 
through the Catholic priests and next through the Militia. The present 
Jiishop IS extremely well disposed; he has £200 a year from the 
Government, and the rent of the Palace for public offices, for the latter 
of which he has applied for an increase. His income, the Bishop states 
IS now inadequate for his situation and tho calls upon it. An increase 
to this might help to attach the Bishop and tho priests to the Govern- 
ment and to use their influence in the parishes, encourage a spirit of 
loyalty in opposition to the spirit of democracy, which has fortunately 
not made much progress yet in Canada. The population computed to bo 
about 160,000, nine-tenths of which reside in the parishes, the Militia 
ml''*^'*' ^"^'^ '^^^ captains and 1(J of a staft; the latter chiefly seigniors 
Ihe powers of the Captains under a French rule, the feeling of \vhich 
remains though the power is withdrawn, but they are still employed in 
performing services for Government with only the sense of the honour 
of being so employed, hut this is by no means equivalent to the expen- 
diture of the time and trouble. Suggests that by some honorary and 
Iiocuniary reward, or by some other plan, this class might be brought 
to consider themselves as officers of the Crown; in this way a spirit of 
loyalty would be diffused through the whole province, a spirit which is 
iiatural to the Canadians. Other suggestions might be made but these 
ho will defer. In the meantime calls attention to tho relative expendi- 
ture for civil and military purposes, the latter out of i)roportion to the 
former, whilst by a pi'oper system not only would the military expenses 
bo greatly lessened and the country secured from internal commotion 
but the co-opeiation of the inhabitants could be secured for tho defence 
of the country. The deficiency of the revenue on an average of the last 
^'\tal^T '}"^'?""^« to £12,000 yearly; the military expense is about 
£200,000, which would probably be doubleil in event of insurrection, or 
of war with the States, so that it is important to consider by what 
means the influence of tho Crown may be increased. How a majority in 
the House of Assembly could be secured. The importance (jf'the fact 
that the revenue does not meet the expenditure so that the deficiency is 
made up by His Majesty's Government. The proposal to fund the proceeds 
of the sales of wa.ste lands, the interest to be applied towards civil ex- 
penditure. Calculation as to the wealth, power and influence that must 
accrue t() the jjarent Slate when those lands are settled. The good etlects 
of etlucalion on t he rising generation, who are now sent to the neighbouring 
States for this j)uiposc. The lespoetablo footing on which the Protestant 
Church IS about to be placed in Quebec will tend to increase the con- 
sideration which ought to prevail for tho Kstablished Church. Pa<--e 228 




160 



IWM). 



Noveinl)Pi' 



Niivr'iiilii'l' 

(illl'lM'C. 



STATE PAPERS — I,0Wi5R OANADA. 



Q. 85 



Enclosed. McniorniKinm of the total quantity of lands i^r'antod in 
Canada prcviouH to tiie conquest, with the i)r()poition.s thtM-oof granted 
to the Church and Laity: — 

Total 7,flS5,470. 

To the Church. 

Quebec Ursulinec \CAfi\h 

Three Eivcis Ureulines ;iS,!)(>9 

Kecollets 945 

Bishop and Seminary of Quebec 693,324 

Jesuitt* 891,845 

St. Sulpiciens 250,191 

General Hospital, Quebec 73 

do Montreal 404 

Hotel Dieu, (iuobec 14,112 

Sceiirs Grises 42,330 

2,0!)(5,754 

To the Laity 5,888,710 

7,985,470 

Page 245 
Statement of the revenues and expenditure of the Province of Lower 
Canada, for five year.s beginning in 1795. 240 

4, Milnes to Portland (No. 37). The importance of obtaining the highest 
price possible for the lands to be first sold ; the remaining parts of tiie 
townships partially granted are of the greatest value from having been 
surveyed and subdivided and the vicinity settled. The competition for 
these should essentially influence the value of lands throughout the Pro- 
vince. Recommends, in rcfoience to a dispatch respecting the waste lands, 
that the proceeds of the sales should be used to purchase into the Public 
Funds, the interest of the stoelc to bo applied in aid of the civil 
expenditure of the Province. Trusts that tne proposal to form out of 
the Executive Council, a corporation for the superintendence and man- 
agement of the Crown and Clei'gy Reserves. Sends documents relating 
to the release of the King's posts, which shall be advertised for public 
sale on tlie expiration of the ])resent lease in October, 1802. Transmits 
copy of proceedings of the commissioner's for the Jesuit estates. They 
have not ascertained their exact yearly value but compute that in case 
will fall short of £1,500. 248 

Enclosed. Memorandum by Rylanl, of the ])roposal to form a Board 
from the Executive Council for the management of the Crown Lands. 251 
Reference to Council of the lease of the King's posts. 252 

Report by Council on the same. 254 

Abstract of the proceedings of the commissioners for the administra- 
tion of the estates of the .Icsuits. The agents named were Michel 
Berlhelot, for the district of Quebec, .Maurice Blandeau for the district 
of Montreal, and Mr. Joseph Hadeau for the districtof Three Rivers, who 
were to give security ibr the due discluirge of their office, the two tirst, 
with two securities each of whom and each of the securities in £750, ancl 
Joseph Badcau ami two securities £500 each, the agents to bo allowed 
10 per cent on all moneys collociod. The renorl of the proeccilings, 
l)egan on tho 9th Juno and continued to the 20th October, 1800, covers 
10 pages. 256 to 271 

Letter submitting tho preceding rejjort. 272 

"- Milnes to IN itland (No. 38). Transmits memorial fr'om the Chief 
Justice (>!' Montreal I'ospecding his salary. In dispatch No. 19, ho declined 
to recommend an increase, lias no reason to change Ins o](inion. 274 

R 



Q. 85 



STATE PAPERS — LOWER CANADA. 



161 



Q. 85 



They 



> 
, covorw 

J to 27 1 

272 

o Cliiof 

ll'ClilUMi 

1. 274 



ISOO. 

Ts'ovcinliri 

Xipvcnilior 
( •uoIh'c. 



XdVciiilKn 



Di^i'iiiliii- 
(iuobec. 



1 >(Vi'liil)rl 
Jluwkliur 



I )l'Cl'llllll'l' 

llawkliiiihi 



Memoriiil of the Ohiet JuHtice. Pajj^o 276 

l">i Ryland to King. Calls attention to tlio necessity of a commission as 

Vice Admiral bein^tj isHUod to Milnes. 275 

Milnes to Tort laud (N'o. 39). Loiiiw Coutoiilx, lately apprehended in 
Upper Canada, has been i)roiifi;iit to Quebec; nendn report of the 
Attorney General on his case. Had written to liiston for full informa- 
tion respecting Coutoulx; being Hunter's prisoner will not write further 
to His Grace. 278 

Enclosed. Reference to the Attorney Genoral of the case of Lo Cou- 
tcuix. 280 

Jleport by the Attorney General that Lc Couteulx ma}' bo detained as 
a prisoner of war, and that his allegation that he became a naturalized 
citizen of the Uniltid States does not altbct his status as a b^'ench sub- 
ject. 281 
-<i, Milnes to Portland (No, 40). Transmits minutes of Council on mat- 
ters of State, between the 5th of .lane and 10th of Soptembei'. 285 

Minutes, 21st July. Memorial that 11. M.S. "Maidstone" may take 
the grain laden vessels under convoy on the 10th of August, laid before 
the Council, with returns of the exports of grain, &c., from 1792 to 1799, 
and from the beginning of navigation this year to the 17th November, 
documents respecting the crops, &.c., all of which were referred to a com- 
mittee. ' 28(5 

Minutes, 28th July. Report of Committee on the reference of 2ist 
July laid before Council, with memorial from merchants respecting the 
loss they would sustain by dehi}' in the sailing of the convoy, with docu- 
ments relating to the crops and to the stock of grain. Report on an 
infectious fever ])revailing in Bdcancour and Nicolet, and memorial from 
Purss and the heirs of the late J. Johnston, respecting the wharf erected 
by Johnston & Purss referred to a committee. 287-288 

Minutes, l-ith August. Report of a committee respecting ecclesiasti- 
cal affairs. 289 

Reports respecting the sailing of the convoy. 292-293 

Lease of the King's posts on the Labrador Coast and other documents 
laid before the Council. 295 

Minutes, 10th September. Report on the infectious fever in the 
parishes of BcScancour and Nicolet. 296 

Report recommending that the sum of £150 currency for arranging 
records be paid to J. F. Perrault, instead of £561. 4. 8. claimed. 297 

Memorial of Jervais Lambert, inspector of Sous Voyers, and of other 
mhabitants of Rividre du Loup, with report of the Grand Voyer, res- 
pecting the bridge over the Riviere du Loup referred to a com- 
mittee. ' 298 
". Ryland to King. Encloses copy of letter addressed to Major Groan, 
agent for Proscott, on the subject of tho Governors fees of office. The 
Lieutenant Governor desires instructions thereon. 300 

Copy of letter to (ireen referred to in above letter. 302 

Prescott to Portland. Encloses letter from Lymburner respecting a 
memorial lately forwarded from that gentleman. 304 

Enclosed. Memorial from Lymburner, dated 12th April, ISOO, respect- 
ing the refusal of the Councillors of Lower Canada to admit him to a 
seat in tho Council. 305 

«>, Pi'oscott to Portland. Encloses letter from Gale, attorney for 
■ aggrieved applicants for lands in Lower Canada, with copy of memorial 
referred to in Ihe letter. The matters in tho memorial are just and true 
and the documents referred to in it were among those enclose<l in No. 
87 of 23rd October, 1798. Those nuirked E, referred to Oilbrd and 
Stukoly; F, those relating to Shetlbrd; G, to Hatlcy. Tho whole of 

n 



St. 



7a— 11 



1 
\ 



H ?^ 



162 




1800. 



isni. 

•'iiniiary tl, 
Wiiitillitll. 




Jiimi.'iry S, 



STATE rAPEUS— LOWEIl CANADA. 



Q. 85 



(rale 8 propoauls are perfectly rcasoiiablo, includinL' the foiirtli pmvor of 
which at one time lio liad doubtH. Favourable recommendations for 
roasonH given. Page' 307 

Enclosed. Memorial from S. Gale, dated London, 17th Deccmbor, 

310 

(For memorial from Gale and other documents relating to his com- 
plaints, see Q. DO, from pn-e 47 to page 212."! 

oJi^'U "^'^ff'oi'^ memorial to the Privy Comieil scut to Prcscott, datoil 

28th November, 1800. 32g 

Additional documents. ^^^c, ;.j5j^ 

STATE PAPERS— LOWER CANADA. 

_ Lieut. Gov. R. S. Milnes— 1801. 

Q. 86—1. 

Portland to Milnes (secret and separate). Enumerates the cases of 
popular influence stated in letter from Milnes of the Ist November 
namely, the separate interests of the seigniors and habitants, the indo- 
pendence of the Roman Catholic clergy, who are accountable only to 
their Bishop, and third, the necessity of dis-mbodying the Canadian 

■■■; , >!'" '■''^'"■'' '"^ ^''" ^'■'^^ th*^* «"'y ''emedy is to encourage the 
uKlividuul Canadian gentlemen who show an ambition to emerge from 
their present insigniHcance. Is surprised at the little success in raising 
the Canadian MilHui; had any eagerness been shown in completing the 
battalion a second or third of the same sort might have beon raised 
With respect to the Koman Catholic clergy, cannot understand why the 
instructions ,a,>.. disregarded. Tiicse are : " That no person whatever is 
to have Holy Orders conferred upon him or to have the care of souls 
without licence first had and obtained from the Governor." The re- 
sumption of that power is of the fii'st importance and every possible pru- 
dent means must be used to that end, and the addition to the income of 
the iiishop may contribute to its accomplishment. How the militia could 
be turned to account. At present there is no provision for calling out the 
force, except for two days in the year for mustering. Proposes to call a 
portion out annually by ballot to be exercised for three weeks or a month 
in such manner that all the otHcers and men would take their regular turn 
of duty. This would require the permanent pay of an adjutant to each 
regiment, of a certain number of non-commissioned officers, fifes and 
drums as m the militia of the United Kingdom. Other appointments 
may be made to provide for the annual exercise. He oidy suggests an 
outline of the proposed legislation most likely to establish the interest 
between the militia and the executive authority ; if he thinks the amend- 
ments will meet the concurrence of the Legislature the sooner they are 
put into proper form the better The effect of the land grants in lessen- 
'"^' the degree of ])opular influence now possessed by that description of 
His Majesty s Canadian subjects, which now constitute so great rtnronor- 
tioi. of the inhabitants of the Province. Pugo 3 

Milnes to Portland (N.. 41). Transmits memorial from Sewell 
Attorney General, with dc-uments attached, respecting the fees of his 
ofbce. Has every reason to believe that ScwcU's claim is well founded • 
recommends favourable <'oiisiderati()ii of the claim, which does not extend 
to an increase of salary but only to the coritirmation of what was formerlv 
allowed. Does no " 
or of .Scwcil, nrovio 



the Attorney General for I 



t, however, moan to enter into the claims of Monk 
us to the present memorial. The laborious duties of 



the 



!WK. 



It St 



jowor Canada, from the complicated nature of 



ems hard that the emoluments of th(^ office should 



least bo equal to those of Upper whicl 



noi at 



is not in any degree so laborious 



Q. 86-1 



STATE PAPERS— LOWER CANADA. 



163 



ISOl. 






and intricate. Had Monlt been as moderate in his demands as Sewell, 
the remuneration would, no doubt, have been fixed long ago. How the 
foes might be settled. Page 17 

Enclosed. Sewell'a memorial, 28th October, 1801. 20 

Case of the Attorney General of Lower Canada. 2'6 

Commission appointing Sewell Attorney General, dated 3rd February, 
1705. . 30 

Mandamus and commission to Monk, 2l8t August, 1776, and 27th 
May, 1779. 39, 40 

Suckling's commission, 24th August, 1764. 43 

Mazore's commission, 25th September, 1766. 45 

Knelle/s commission, 30th September, 1769. 47 

Wiliiiim (irant's commission, 10th May, 1776. 49 

Report of Committee of the whole Council, on the office of Attorney 
General, 29th April, 1788. 51 

Report of the Committee of Council on Public Accounts, 15th January', 
17H0. 53 

Extract from the O.dinanco for the regulation of fees, 20th George 
III, ch. 3 (1780). 55 

Extract from "eport of the Committee of Council on the Public 
Accounts, dated 20th July, 1780. 57 

Extract from report of Committee of Council on the salary and emolu- 
ments of the Attorney General, 9th November, 1780. 59 

Extract from another report, 27th July, 1781. 60 

Letter, dated 2nd January, 1782, from Mathews, Secretary to Haldl- 
mand, addressed lo the Committee of Council on Accounrs, enclosing 
letter from the Lords of Trade relative to fees claimed by tlie Attorney 
General. 62 

Letter from the Lords of Trade referred to. 63 

Report of the Committee of Council on the same, dated 18th February, 
1782. 64 

Further report on {he Attorney General's Account, dated 24th October, 
1782. m 

Opinion, dated 2nd June, 1784, of the Committee of Council that the 
Contingent Accounts of the Law OlRcers should be taxed by the Judge 
or .ludgcs of the Cuurts where the business has been done. 68 

Monk to Thomas Dunn, one of ihe Commissioners for executing the 
office of Chief Justice, dated 28th October, 1784, remonstrating against 
the delay in payment of his fees. 69 

Ans\^H',r, same day. 70 

Resolution of the Council, 26th May, 1785, to allow Monk the fees 
charged. 72 

Memorial of the Attorney General referred to a Committee of Council, 
14th February, 1788. 74 

Report of the Committee, 29th April, 1788, on the claims of the 
Attorney General tor foes of ofhco. 75 

Extract from Minutes of Council, 20th January, 1790, that payment to 
the Attorney and Solicitor General had been deferred until His Majesty's 
pleasure bo known. " 78 

Proceedings of Council of 21st and 28th and I'oport of 21st January, 
1799, respecting Attorney General's claims. ' 79 to 82 

Account between Government and the Attorney General (Sewell), 
from 1795 lo ISOU. 83 

Green, Militaiy Secretary to Sewell, 7th October, 1800. That the 
salary of the Attorney General of Upper Canada is £300 and enclodng 
his account, audited to show the scale of fees. 86 

Account referred to. 87 



7a-lli 



164 



STATE PAPERS — LOWER CANADA. 



Q. 8C-1 



1801. 



January 10, 
Quebec. 



.Tammry — 
AV'liitehiill. 



February 23, 
(Quebec. 



Table of fees which the Attorney General considers would bo reason- 

*'^'''- Pago 90 

Speech of the Lieut. Governor at the opening of the LcgiBlaturo 118 
Answer of the Assembly, dated 12th January. 123 

Answer of the Council. jog 

(The Journal of the Assembly printed in English and Fionch forins 
part of the Archives.) 

Portland to Miines (No. 11). Dispatches received and laid before the 
King. In order that the commissioners may proceed in buiidin"- the 
Aletiopolitan Church at (Quebec without intorruntion, ho may autlioriice 
the expenditure of such suiir ■ iv bo necessary above the £400 
already specified as the annual ^e, but the Protestant inhabitants 

are expected to contribute as fa ..,eir means may allow. General 

Hunler shall be informed that it 1.. .,ot intended to make any change in 
the method of defraying the expense of the Indian Department in 
Lower Canada. The object of placing it under the civil authoi'ities in 
each Province is to reduce the expense by subjecting it to more minute 
attention. The allowance to liie officers should bo i^cduced in both Pro- 
vinces as low as circumstances will admit. Approves of his proposal of 
selling the residues of townships in which grants have been made at the 
highest price possible; the steps to be taken to effect this. The amounts 
remaining after expenses for public services, \.c., are to be remitted to 
the Ireasnry for investment. All the price to be paid before a patent 
issues for the lands. The constitution of a Board for the management of 
the Crown and Clergy Peserves; how the revenues should be remitted 
to be invested in the Funds for the jiublic servicoof the Colony in so far 
as regards the former and in accordance with the Act for the appro])ria- 
tion of the latter, the accounts of each to be kept entirely separate, the 
Clergy Reserves bein • exclusively appjopi'iated for the support of a 
1 lotestant clergy, and must therefore be vested in trust for that 
purpose. Sends report received from the Executive Council on the 
terms on which it was considered expedient to dispose of the Crown 
Ileserves, in which report he perfectly concurs. Oi'ders have been sent 
by the Admiralty to the ISlaval Commander at Halifax to send a frio-ate 
to convoy the trade from. Quebec to England. * 10 

Miines to Portland (No. -12). Transmits reports from the commis- 
sioners for managing the Jesuit estates. The first (A) shows the revenue 
in 1781 to have been £1,2-45 5s. 4d., exclusive of pioperty in Quebec and 
Montreal ; the second (B) that it had increased to £1,;}58 13s. 4d. The 
property is capable of great improvement, and there arc 500,000 acies 
of nnconceded lands, but these are in general 20 leagues in depth and 
not more than one or two leagues in 'front, great part running into a 
mountainous country and not likely to be conceded for a long period 
Does not now, therefore, think that the measure for the division 
of the property, which he proposed, would bo benoficial. If it is 
determined to carry into effect the proposal in respect to Lord Amlioi'st 
tlie moment is particularly favourable, but it will be alwaj-s an un- 
popular act and create much dissatisfaction. His Majesty's inten- 
tion to establish free schools has been made public in his (Miines') 
speech and has had the hap])iest effect in setting aside all lefer- 
ence to the Jesuit estates. The Assembly is preparing a bill to secontl 
the views of His Majesty, to authorize f- cVcction of schools in 
the parishes to bo under the control of tho fOxecutivo Govornrnn.it 
Should ilie P.oman Catholic clergy not u^e their influence a-'ainst 
tlio proposal, it will probably be adopted, but they seem to'^have 
thitherto discouraged the introduction of learning into the Pro- 
vince. The buildings and town lots in Quebec and Montreal, to be 
reserved for the Crown may be considered as more than an equivalent 



Q. 86-1 



STATE PAPERS— LOWEi CANADA. 



165 



1801. 



February 
(^uebpc. 



February 
(.Hifbfc. 



>riircli 17, 
<Jurl)cc. 



ft [arch 2(i, 
(Jiii'bi'e. 



April 10, 
<,,>iU'bt'C. 



for the oxpoiiso iittending the first eHtablishmont of free scliools. This 
is shown in encloBurc C, in which the Jesuit College at Quebec, now in 
possession of the militiuy, is inontioneil as being sufficient to afford 
barracli room for from 1,500 to 1,800 men, besides store room for im- 
mense quantities of provisions. The Canadians must consider them- 
selves as cut off from all hope of seeing that building restored to its 
original purpose, so that by the declaration of the intention respecting 
the establishment of free schools, the hope of an adequate advantage 
is held out. Shall refer to the Cooncil the question of the quantity of 
Crown lands it may bo necessary to .''eserve for education, and transmit 
their repoit. Page 94 

Enclosed. Plan of the Jesuit ostatos xa the Province of Quebec. 98a 
lioports ot the commissioners, with labui;«r statements. 100 to IIT 

23, Miinesto Portland (No. 43). Calls attentio^i to the absence of Joseph 
Bunbury, drawing the pay of Deputy Agent for Indian affairs at Mon- 
treal, though he has been absent since 1799. Reports the office vacant 
and recommends the appointment of Lieut. Colonel Dechunibault 
de])Uty supeiintendeiit of the iVbenaki and St. Fi'ancis Indians, and the 
appointment to that office of Major de Salaberry. in hope of these 
being approved of will idsuo commissioi'.s so that the business of these 
departments may be transacted. 132 

24, Same to same (No, 44). Dispatches received. Shall take steps to 
recover from Finlay the balance due to the General Post Office, but is 
afraid there is not properly sufficient to meet the demand against him. 
i^nils estimated value of the waste lands as a guide to the proportion of 
land to be granted to the members of the E.Kccutivo Council. A town- 
ship of ten miles square, after deducting expenses of surveying, &c. 
(enumerated) has an estimated value of something under £2.500. Ex- 
plains how the regulation respecting grants to associates was set aside 
by underhand mcDus, which it would bo below the dignity of an Execu- 
tive Councillor to enter into; recommends, therefore, that any grant 
should be made to the members of the Council solely and not with 
associates. 134 

Same to same (No. 45). Calls attention to the case of Michel Kiathe- 
rati, an Indian convicted of murder in March, 1799, and sentenced to be 
executed on the 22nd of that month, but respited by Proscott, till the 
King's pleasure should be known, liecommonds him to clemency. 137 

Same to the same (separate and secret). Ilisfear that the unanimity of 
the Council will be desiioyed, as he can no longer depend on the candid 
co-operation of CJhief Justice Osiioodo. His (Milnes') conciliatory con- 
duct towards Osgoode, until ho had assumed a deportment aiil manner 
])ointedly disrespectful, and afterwards violently to oppose a measure of 
great importance to the Province. His conduct in part arises from the 
refusal to dismiss Judge De Bonne, whoso conduct since complaints 
were made has been satisfactory. Osgoode's desire to be the sole adviser 
and promoter of every (iovernmont measure and the offence lie takes at 
other members being listened to. He has now thrown otf all decorum 
and shown his hostility to his (Milnes') administration. His refusal to 
assent to the means ])i'oposcd is not considered reprehensible, but his 
conduct in respect to it is so. Enters into details in relation to the bill 
resjiectingCoui't House on which the ditl'erence with O~goode liasarisen, 
a bill which was satisfactory both to the Council and Assembly and 
pnidtfj out thr awkwardncoB of the Liout. Governor's position in view 
of the procedure of the Chief Justice. 142 

Same to same (No. 46). Enters into an exi)lanation of his course in 
relation to appointments in the Indian Department in answer to the 
Diike of Kent's representation that these are subject to the patronage 

a 







■ i 


1 




166 



IHOI. 



April Ki, 



Mikv 15, 



.Tune fi, 
Whitelmll. 



STATE PAPERS — LOWER CANADA. 



Q. 86-1 



of the Commandor.in-Chiof. Gives reasons for tho appointmonts ho has 
made of Dechambault and de 8alal)oriy. p^„e 150 

Millies to Portland (No. 47). Sends abstract of bill relating to %ds et 
venues and report on the subject from tho Attorney (fenoral, the latter 
sent in consequence of the opposition and protest of Os^-oodc Agrees 
with the Attorney Uoiioral that it is not only a matter of sound policy 
but that the bill is a material step towards abolishing' the feudal tenure 
in the Province, as will be found fully explained in tho report of the 
Attorney General. Tlio lods et ventes are duo to tho King by only u few 
whilst they are paid to the seigniors and the twoSominaries of Quebec and' 
Montreal by 90 out of every 100 persons, any tax which I he Crown mi.rht 
seek to raise on the whole bodyof the people might have boon deemed un- 
just so longas the lods et vmtes duoby the seigniors and Seminaries remain 
unclaimed. Has heard no indication that the measure is unpopular and 
besides it originated in the Assembly and not in tho Executive Council 
JJorchester's message giving His Majesty's sanction to this interference" 
Ihe respectable character of the Commission under tho Act It is 
expected that a bill will be introduced next session to commiite tho 
lods et ventes in His Majesty's censive, which it is hoped will bo followed 
by a similar commutation as it will render it necessary for tho House to 
raise tins sum leaving the territorial revenues free to be used for the 
general expenses of tho Province. i^rj 

Enclosed Abstract of " Act for the relief of persons holding lands or 
immovable propei'ty of His Majesty en rotvre in which lods et ventes 
or mutation tines are due." 1^3 

(The Act itself is in the third volume of the Statutes, 41 Geory-e III 
(1801), chapter 3.) ' s • 

Chief Justice Osgoode's protest. 1^2 

Report of the Attorney (General, dated 4th April, 1801. I75 

Account of the Provincial revenue of tho Crown from the beginnin<' 

ot the now Constitution to 10th January, 1794. yM 

Extract from the Journal of Assembly of 26th January 1801 with 

resolution to take up Message of 29th April, 1794, in so far as it relates 

to casual revenue, that of the domains and the lods et ventes amX quints 

duo to Ills Maiesly. -^ U^,. 

Answer by Members of the Council to Osgooda's protest. 199 

Milnes to Portland (No. 48). Giving an account of the irregular con- 
duct of Osgoodo m relation to the resolution to prepare a papier terrier 
V^l\ ^,'^ V ™ t'"^ immovable properly held en roture within the censive 
ot Ills Majesty 8 domain, with accompanying documents. 205 

Enclosed. A.— Address of the Assembly for tho preparation oT a 
papier terrier, ordered to be pi-osented. Retei-reci to the Attornev and 
Solicitor General. '' o]! 

B.— Report of the Attorney and Solicitor General. 212 

C— Order of rofercnco in the Council respecting the legal course to 
bo taken for Ihe confection of the /yrt/)je/- Werner. ' ' 215 

U.— Iic])ort of a Committee of the whole Council on tho means in-o- 
posod by the Attorney and Solicitor General for the confection of the 
papier terrier. 21" 

(For continuation of list, see Q. S6-2.) 

Portland to Milnes. His dispatch (No. 42) relative to the Je--:t 
estates, transmitted to the Privy Council. Appointments of Dechambault 
«n,| do Salaberry (No. jH, p. 182) approved of. In consequence of ihe" cal- 
culation oftho value of hands (Nos.44,p. 132) the six councillors who have 
been constant in ihcir attend»nco at the meetings of the Land Committee 
are each to receive quarter of a township without associates. It is 1 



to his discretion to decide what share should b 



associates. It is left 
allottttd to Mr. Mctrill and 




Q. 86-1 



If 1. 



November 4, 
( ^>unbt^c. 



ISOI. 
.liiiiiiiiry 8 
April H. 



to 



May 15. 



May l(i, 
' ^Mifbt'C. 

May 18, 
< Quebec. 

.Tune 10, 
<^'uebt'C. 



STATE PAPERS — LOWER CANADA. 



167 



Mr. Lees aiul if any to the other councillors. His Majesty has been 
pleased to pardon \lichaol Kiatherati. Page 139 

(For date (the day being left blank) see pace 138.) 

Extract of letter from Milnes to Portland (No. 37) calendared in vol. 
Q. 8tj, p. 248, that the yearly value of the Jesuit estates has not yet been 
exactly ascertained. 2 



Lieut. Gov. K. S. MiLNEs— 1801. 
Q. 86—2. 

.Journals of the Legislative A^^sembly, being the first session of the 
third Provincial Parliament. Page 353 to. 458 

Journal of the House of wVssembly for the same period; title 
only. 459 

The Provincial Statutes of Lower Canada; title only. 460 

(The Journal and Statutes, being among the Archives in printed form, 
are not copied.) 

Continuation of papers relating to the papier terrier, &o., in Milnes' 
letter No. 48, dated as in margin E. — Copy of writing attached to the 
report of a Committee of the whole Council respecting the legal course 
to be taken for the confection of tho papier terrier, &c. 211) 

F. — Minute of Council respecting the legal cuurso, &c. 221 

G. — Report of a Committee of tho whole Council on the writing sub- 
joined to their report. 223 

H. — Minute of Council, communication and report on the protest 
.signed by the Chief Justice. 227 

Milnes to Portland. Sends dispatches and duplicate by a corn 
ship. 240 

Ityland to King. Asks for tho regulations of Trinity House respect- 
ing pilots. 241 

Milnes to Portland (No. 49). Sends exemplifications of the Acts 
passed last session and copies of the Journals of Council. Remarks on 
two Acts. 1. To explain and amend the law respecting last wills and 
testaments. Sends copy of tho Attorney General's opinion, of the pro- 
test of Chief Justice Osgoode, and observations by P. L. Panet. 2. The 
Act relating to lods et ventes, already fully written on. Three bills wei'e 
i-esorved for tho Royal assent. 1. " An Act to declare the decisory oath 
or servient decisive, admissible in commercial as well as other civil 
matters in this Province." Cannot advise its receiving the Royal assent. 
2, The bill for the establishment of free schools, which is not all ho could 
wish, but as it may lay the foundation for a more approved plan, recom- 
mends it being assented. 3. Tho Montreal wall bill, respecting which ho 
transmits all that has hitherto passed on the subject, in case any further 
consideration in a military point of view. 

Enclosed. A. — Schedule of the bills assented to. 246 

B. — Attorney General's report on the Act to explain and amend the 
law respecting last wills and testaments. 

C. — Protest by the Chief Justice on tho same Act. 257 

1). — Observations on tho protest by Judge P. L. Panet. 259 

E. — Schedule of reserved bills. 269 

F. — Attorney General's report on tho bill to declare the decisory oath 
admissible, &c. 270 

(I). Report by Col. Gother Mann, dated 3rd August, 171*1, on the 
town walls of Montreal, their removal, &c. 277 

(2). Extract of letter from Dundas to Dorchester, dated 17th July, 
1793, respecting the walls. 284 



:!• 



[I 4& 



1G8 



1801. 



STATE PAPEKS — LOWER CANAnA. 



Q. 8G-2 



(3). Extrnct from Proscott's spoocli, 26th Januarv, 1797, and copy of 
his mosBngo to tho Asscnibly, lospoctini,' llio walls. ' Pafro 280 

(4). Bill for taking down and removing the old walls and fortificationa 
of Montreal (Knglish, 290; French, 318). 290 318 

(5 and G). Kxtraots from letters of Portland to Proscott, dared 'l3th 
July and 4th November, 1797. 346 to 349 

Schedule of tho enclosures. 35Q 



isni. 

•Tuilr 1(1, 



.Tuiu' 10, 



.Tune 10, 
t^uebec. 



LiKUT. Gov. MlLNJiS— 1801. 

Q. 87-1. 

Milnes to Portland (No. 50). Bisjiatchcs received and matters 
referred to in thorn laid before Council. Tho report on the memorial of 
Gale, with documents, received too late to be transcribed, so as to be 
forwarded by this mail. Tho ])roclamations respecting the Jjoyal style 
and titles, and tho ensigns or colours to be borne by British" ships or 
vessels, have been ])ubli8hod. (For these proclamations see Scries C 
vol. 245, pp. 19-20.) The instrument directing Williams, Craigc and 
Panet to be admitted honoraiy members of the Fxecutivo Council 
received ; tho two former sworn in, but Panet being absent on official 
dut}' cannot for the present give the advantage of his services. Pai^e 5 

Same to same (No. 51). Sends minutes of Council on the waste lands 
of the Crown, from loth August, 1800, to 28th February, 1801. 7 

Minutes, 10th September. Report of 25th August on tho township 
of Stanstcad laid before tho Board. n 

(Fay names see alphabetical list.) 

Minutes, 17th October. Report on the application of British Militia 
who served during the blockade of (Jiiebee, 1775. q 

Tiie township of Granby to be granted to them in a fixed proportion 
according to rank. j.^ 

Report on the township of Hereford. ■ ]!-, 

Report on the township of Stukel3\ ji^ 

Report on the township of Broughton. 20 

Report on the township of Eaton. o;; 

(For names see alphabetical lists of those grantees in these lowVi- 
shijis.) 

Minutes, 29th October. Report on petition of John Black. ;!1 

Report of the proceeds of the Land Committee, on sundry 

petitions. .,■;, 
(See alphabetical list.) 

Minutes, 29th November. Report on sundry petitions. (See alpha- 
betical list.") ^ '■ 
Minutes, 6th .Tanuaiy, 1801. Rejiort on sundry petitions. 
(See alphabetical list.) 

Minutes, 27th January. Report of tho Land Committee. 
On tho township of Shetl'ord. 
On the township of Barnston. 
(See alphabetical lists.) 

Minutes, 28lh February. Report on the township of Ascott 
Sundry Petitions. 
On the township of Orford. 
On the township of Burj-. 
On the township of Stanstead. 



58 

62 
63 
67 

72 
77 
84 
89 
90 



(See alphabeliual lisls.^ 
Warrants of Survey ordered for 

Milnes to Portland (secret and „„, ,. . „„ ^., ,,„ „,„. 

biiity ot the lods et ventes (mutation fines) being abolished by the effect 

R 



various townships. 91 

separate). Remarks on tho proba 



'7, and copy of 

Pago 280 

il fortifications 

2!)0, 318 

ott, (intod VMh 

346 to 340 

350 



and matters 
ic memorial of 
jd, 8o as to bo 
10 JJoyal stylo 
iritish sliips or 
8 SCO Series C, 
lis, Craiujo and 
ulivo Council 
^onl on official 
ices. Pago 5 

10 waste lands 
1801. 7 

the townsiii]) 
7 

British Militia 
G 

od proportion 
13 
15 
17 
20 
23 

11 these lown- 

k. 31 

I on sundry 



(Seo alpha- 

02 
03 

<^" 

!ott. 72 

77 
84 
89 
90 

91 

)n the proba- 

by the effect 



Q. 87-1 

1801. 



STATE 1>APEHS — LOWER CANADA. 



169 



.lunc 12, 



.Tumi. 12, 



.lime IL', 



.Tutin 12, 
<,>iicl)ec. 



•hilv VA, 
Wluttliall. 



of the passage of the Act on that subject and tho consequent facility for 
tho purcliuso of lands in fioo and common soccage, and the mixture of 
iho Knglish and Canadians. Cannot account for the little success attend- 
ing the establishmenl of the Canadian battalion. Had understood that 
tho patronage of that corps was in tho hands of tho civil department, 
but finds now it rests with the Coinmandoi-in-Chiof. Wore the patronage 
with the Governor, as in other Colonies, it miglit be the moans of draw- 
ing out tho (Janadiai gentlemen. Shall try to ett'ect a change in tho* 
relations botwoon t! e Koman Catliolie clorgy and (iovornment. In 
order to obtain a proper knowledge of the state of the militia, ho shall 
make a tour of the Pjovinco, charging the cost to tho Contingent 
Account. Page 93 

Milnos to Portland (No. .')2). Sends Naval OtHcer's returns of vessols 
entered and cleared at Quebec from 10th October, 1800, to 5th January, 
1801. 97 

Same to same (No. 53). Sends letter from Colonel do Longuouil of 
tho 1st battalion oi' Royal Canadian Volunteers, enclosing bill of exchange 
for £500 sterling, being a voluntary ctmlribution of the officers and 
privates of tho corps, towards carrying on the war. 98 

Enclosed Letter from do Longuouil, dated 12th June. 99 

Answer by JVlilnes, dated 12lh .lune. 100 

Milnos to Portland. Sends report of tho Attorney and Solicitor 
(reneral on tho memorial of Bell & Monro to have a rent charged to the 
lessoes of tho iron mines at Bastican. 101 

Enclosed. Koport referred to. 102 

Milnos to Portland (No. 54). Transmits copy of another protest 
lodged by Chief Justice Osgoode, with an account of tho circumstances. 
The other members of Council are against its admission and to avoid 
a decision had stated that he would send it to be laid boforo His Majesty, 
Had examined the rocoid to ascertain tho ])ractice as to receiving pro- 
test. Dissents were allowed during tho time of Hamilton and Hope, 
but since 1792, only one is entered and in that case the name of tho 
person is simply stated. In Dorchester's lime tho name-* for and against 
an Order in Council were struck out, but in one case of an Order in 
Council respecting fees, the words " upon a division " were allowed to be 
entered in tho minutes. Further remarks on the circumstances, and on 
the danger in a Colony ditloring in' religious and political oj)inions to 
allow of such a course as that demanded by the Chief Justice being 
granted. 105 

Osgoode's protest with reasons. 110 

Minutes of various duties relating to pi-otests. 113 to 130 

Portland to Milnos. Dispatches 48 and 49 and separate and secret 
letter of 29th April laid before the King. (Tho real dale of the separate 
and secret letter is 26th March, see Q. 80-1, p. 142.) The Act for the 
relief of persons holding lands e/i roture, allhotigh not brought forward in 
a stricily formal manner, was fully warranted by the message of Lord 
Dorchester. Is willing to believe that Osgoode's opposition proceeded 
from lauilablo motives, and cannot but regret that the want of commu- 
nication on his part prevented steps being taken that would have obvi- 
ated his objeciions. The policy of tho measures is declaratory of the 
rights of the Crown and renders thoir exercise less dangerous to the 
subject The application of the- f^tim^ arif^ing from the Aet being loft- to 
His Majesty, there is no need for an Act to authorize their application. 
The House of Assembly will of course repay the money stated in No. 48 
to have been advanced. The rule as to entering protests in the minutes 
of the Executive Council may follow that in the Privy Council, in which 
the utmost freedom of speech is allowed, but no protests are entered on 





i 




m 


1 





170 



STATE PAPERS— LOWKR CANADA. 



Q. 87-1 



IHOl. 



.Tilly 13, 
(Jiieljee. , 



AuguHt 1, 
QiielM-c. 



August 2, 
Hawkhui-Kt. 



August 7, 
Quebec. 



AuguHt n, 

Quebec. 



141 
Peleflf 

144 



the mimiteH. Has no objection to fecB in addition to salary, beinjr allowed 
to tho Attorney General. ■" * iWn 2 

Milnes to Portland (No. 5S). Sondn minutes of Council on Crown 
landM from l8t March to Bth July. Cuyl«r had received 10,000 acres 
for self and family. ' ivo 

Minutes, (ith April. Cuyler's memorial referred to Committee of the 
whole Council. Letter respecting the seigniors of St. Hyacinthe written 
to M. do Larue and report on the rear line bounding tho townships of 
Millon and Granby also referred to Committee 133 

Minutes, 14th April Report on the rear line of St. Hyacinthe. 134 

Minutes, 25th May. Eeports of tho Land Committee on petitions. 138 

(J^or names see alphabetical list.) 

Report on tho seigniory of St. Hyacinthe. 

Report on the petition of Jeremiah senior and iuniox' and 
Spencer. •' 

Report on the township of Brampton. 

Report on the township of Newport. 

(For names see alphabetical list.) 

Mllnes to Portland (separate and secret). Sends report written by 
Mr. Grahani addressed to Burton and now laid before him (Milnes) 
Ihe want of precision in Graham's personal communications respecting 
an attempt to raise a rebellion in Canada. Particular-s respecting Gra- 
ham. JNeither ho nor Burton disposed to give implicit credit to his 
statements, but as he was employed by Government cannot neglect to 
send his information. Intelligence received from Bolton, an English 
gentleman, of a conversation overheard respecting Ira Allen securing 
talse certificates from Vermont that the arms taken in the " Olive Branch " 
were for the militia of that State. One of the men overheard has made 
further"''*^"' "''^ e"c'o8ed. Bolton has undertaken to investigate 

Enclosed. Information by Graham (printed in full in report on 
Archives for 1891). ^j.,. jgg 

Depositions of Jean Jagnar (Gagnon ?) of Chateau Richer, formerly 
resident with Holgate in Swanton, Vermont, respecting the meelin.rs 
there to concert measures for the seizure of the Province of Quebec 
meetings being held two or three times, and never seldom than once a 
7fl7 f^u , ^-e'-e present McLane, since executed, Silas Hathaway, 
of St. Albans, Ira Allen, of Onion River, and 30 or 40 others (many of 
the other names are Mven). Ira Aliens proposal to obtain a -ms from 
France : the means by which he hopes to avert suspicion, and to cause 
the belief that the arms are for the Vermont militia 161 

Prcscott to Lord I^ei ham. Sends copy of letter to the Duke of 
Portrand, dated l.ith November, 1799; the investigation asked for 
nothing yet taken place, renews his request and states his willingness to 
return to his Government. ^ jgw 

Certified copy of letter to Portland referred to, containing request for 
an investigation into the conduct of himself and the Executive Council 
and a statement of the points in dispute relative to grants of land 168 

Mllnes to Portland (No. 56). Sends last report of the commissioners 
tor the Jesuit estates, with abstract of the rents received up to April 
last Dunn, who has been at the head of the commission, can give 
further information, who sails for London by this opportunity, Hecan 
give information also concerning the iodse« rewfesandgenorally respnot. 
ing the aijairs of the Province. j^g 

Enclosed. Report. j^g 

Abstract of accounts. joq 

Milnes to Portland (No. 57). Shall not fail to notice any matter of 
importance in the minutes of the Executive Council, the proceedings in 



Q. 87-1 



STATU rXPERS— I.OWEB CANADA. 



171 



IMOl. 



An(tii«t !!■ 






<,'iii'li('e. 



.AiiKiist 1 1 



roHpoot to erecting ProtoBtunt purisliow not j'ot completoil; thoroportof 
tlio Attornoy Goiicnil will Ito Hubtnitted to (!!()uiicil. Soiid inimitos re- 
Njtocliiig Crown liindH from 2(Itli May to (illi July, containin^Oaio'H niomo- 
rml, iSic. Could not givo an opinion, as tlio all'air took pliico bcf'oio he 
awHUinod ofHco. Hcnds report on the ca^t* of the lato Jiov. Mr. Toonoy's 
lioirw; the liai'dHhip of compullin;^ natural l)orn .subjoctH who may hap- 
j)on to !)(( absent in another part of Ilin Majoaty'H donuninns to ajipcar 
lioforo the conirni.sMionors to take tlio oath of allegiance, i*i:c., before 
obtaining the land, At'kn for a diHponsing power. Has called the atten- 
tion of (ho lO.xocutivo Council to the nocosHity of proceeding with the 
lanil buHinoHw a^ raj)idly an ]»o.s«iblo ; llio stopjiago conseciuent on the ago 
and infirinitieH of the Survo^'or (ioncral, I'age 181 

.Minutes, (Ith .Inly. Keport on (iaIo'H nioinorial on behalf of handry 
applicants, wilb appended evidence, kv. 186 

(For names soe alphabet icai list.) 

He|)ort on the J^and (-/'oniinittec on petitionR. 228 

(l*'or nanioH scio alphabetical list.) 

Minutes, 'Jtith August, lieport on the surveys of certain town- 
ships, 231 

(See alphabetical list.) 

Jiej)oit on the memorial of Kenelm Chandler, on behalf of the widow 
and lieirs of the late Philip Toosey. 236 

Oilier reports. 238 to 242 

Milnes to I'ortland (No, 58), Has laid before the Council corres- 
pondence respecting the culture of hemp. Has caused experiments to 
1)0 made, the result to be laid before the Legislature, and has entrusted 
Isatic Winslow Clark with the duty of eai-rying those out. 243 

J{oport of the Mxeeutivo Council on the projiosed cultivation of 
hemp. 245 

Milnes to Torlland (No, ')!!). Orders received to take stepsto recover 
£1, ")((() duo by Hugh l''inlay to the Post Office; his circumstances ; how 
part of I he (lei)t may be secured. 251 

Hepor' iif tho Attorney (reneral on Finlay's case. 256 

Memorial of Hugh Finlay. 269 

'i'estimonial in favour of Hugh Finlay, numerously signed. 266 

Milnes to Portland (No. (iO). Sends Naval Otlieer's returns of vessels 
entered and cleared at Quebec, between the 5th of April and 5th of 
July. 269 

Same to same (No. t!l). Sends documents to show the stops ho had 
taken in I'oferoneo to the doubts respecting the tormalion of the Criminal 
Court uniler the Judieaturo Act. Has roquestetl Mr. .lustice Williams 
to take the chairmanship in tho committoos of the Hxoeutive Council 
owing to the illness of Finlay, who acted in that capacity. 270 

Encluscd. Representations oi tho puisne Judges of King's Bench, 
(iuobec, res])ecting the absence of the Chief Justice from tho criminal 
term at Three Rivers, 271 

Kyland to Chief .Fustico Moidc, dated 18th .luly, desiring him to make 
arrangements for the criminal erms at Quebec and Three Rivers, in 
consequence of the absei\co of Chief Justice Osgoode. 272 

Monk to Rylaiid, dated 20th July, that ho would perform tho duties 
during the absence of Osgoodo. 273 

llylaiid to the Attorney and Solicitor General, 22nd July. For their 
opinion as to the ])roper constitution of tho courts during the criminal 
terms during the .•ibsimee n( tho Chief Jiis.lico. 274 

■loint report of the Attorney and Solicitor General on the subject. 275 

Chief Justice Monk to Milnes, ]2lh August. Points out objections to 
the issue of the commission lor holding a court of Oj'cr and 
Terminer. 280 



17J 




STATE PAPEES — LOMEB CANADA. 



Q. 87-1 



H 
. I 
I' I 



ISOl. 



Sl'lltllullCl 

Dowiiiii),'- 
Htn-ft. 



Eyland to Monk, 14th August, that the Lieutenant Governor desires 
to add his name lo the commission of Oyer and Teiminei-. but if there is 
any way of relieving him of certain of the duties, the Lieutenant 
Governor shall be glad to do so. I'age 283 

Lord Ilobai't to Milnes. Acknowledges dispatches. As Osgoode" is 
here, nothing additional need be said respecting the entering of^protests 
in the Council ininutes. The testimony of zeal and loyalty received 
on account of the Royal Canadian Volunteers, His Majesty's satis- 
faction at the receipt from the corps of £500 of voluntary contri- 



butions 



181 



Lieut. Gov. Milnes and MIscELL.^NEOus— TSOl. 



IMII. 

.riily L'l', 
(Iciicnil I'u.st 
Ortiff. 



August 22, 
Jliiwk'mist. 



August : 
LuiidiiM. 



.Si'litciulicr 12, 
Trinity House 
LollilciM. 

Sc|iti'iiilit'r l(i, 

(iUfllCC. 



>S('l)tllM)lCl' 2(1 

iStiir ( Jifcn. 



Octohcr 1,S, 

Downing 

Htrt'ft. 



Ottolicr 10, 
<iucl)tc. 



Octcjlici- 17, 
Downing 
Htrirt, 
Octulici- 24, 
Qui'bff. 



Q. 87-2. 

Froeling to King. Asking if any reply has been received respecting 
the amount duo to the Post Office by Hugh Finlay. Payo 518 

Enclosed. Letter from the Postmaster General, Oth Octobei'^ 180(i 
to the Duke of Portland, requesting him to put the claim against'llu.rh 
l-mlay into the bands of the Law Otiiceis of the Crown, to recover 
£1,500 due to the Post Oflice. 5^^ 

Prescott to Hobart. Had only learned of bis succeeding Portland 
beiuls^ now copy of letter to the latter dated 15th November 17!t!) 
(See Q. S7-1, pp. 107, 1(58.) ' ^85 

Gale to Sullivan. Sends memorial on behalf of grantees of lands in 
Lower Canada, who have been unable to obtain the le«>al titles 29'^ 

(For menorial, <.\:c., see Q., vol. DO.) 

James Court to Johr. Sullivan. Sends copy of the rules and ordei-s to 
be observed by pilots acting under the eorpoiation licence, with other 
documents. -.- 

ililncs to King. IJeports that Graharr/s information has (o some 
extent been confirmed and that a parcel of Americans had formed a 
society in Montreal on the principles of Jacobinism and Illumiip'sni one 
Itogers being at their head. Five or six have been arrested ; J?o'rers 
has escaped. '^.j,,- 

Prescott tollobart. Sends correspondenc3, kc, respecting fees, for His 
Lordship s judgment if these sbould not be paid to his agent ^L^ioI■ 
(rreen. ^ ^',,3 

Enclosed. Correspondence, instructions, ka. ;jOO to 802 

Hobart to Milnes (No. 2). Dispatches received, which be shall 
answer fully at an early period. Tbe report on (iale's memorial has 
been transmitted to the Lords of the Council. Shall recommend Fin- 
lay s case to the Postmaster (ieneral, 205 
Alilne- to Hobart (No. 1). Has been informed of His Lordship 
Having taken charge of the Colonial Department. Other dispatches 
received. . Shall take steps to grant Ctildwell half a townshin as 
ordered. ' '.,,..> 

Sullivan to Milnes. Sends letters and enclosures from tbe Trinitv 
Hou.se respecting pilots. Ujlg 

-Milnes lo Dobart (No. 2). Besides documents already sent 
encloses letter from Monk, and answer, respecting the measures for 
lormmga proper Criminal Court. Has issued two commissions, one for 
Oyer and lerminer, the other forGaol Delivery, in both of which Monk 
if» ntcliided. .jq- 

Monk to Milnes, 15th August, discns.sing the proper methoil of ad- 
ministering the Criminal Courts. " -joy 
Answer, dated 3rd September. 'jq.) 



Q. 87-1 



Q. 87-2 



STATE PAPERS— LOWER CANADA. 



173 



•nor dosii'es 

; if there is 

Lieutenant 

Page 283 

Osgoode 18 

of protests 

ty received 

esiy's satis- 

iiiy coiitri- 

131 



respecting 

I 'ago 513 

ober, 1800, 

liiist Hugh 

to recovui- 

514 

;• Portland. 

iber, ITOS). 

285 

)f lands in 

i. 203 

1 ordoi's to 

tt'illi other 

515 

IS to some 

formeii a 

inisrn, one 

i ; Jiogors 

^2!t7 

3s, for His 

int, Majoi' 

299 

500 to 302 

lie shall 

norial has 

nend Fin- 

295 

ijordship 

lispatehes 

•nshij). as 

303 

e Tiinitv 

396 

idy sent, 

isures for 

IS, one for 

ieli Monk 

305 

0(1 of ad- 

306 

309 



1801. 



< )ct(ilier 24, 



( •UfllfC, 



()cti)lMTL>7 

(Jlll-'l)fC. 



October 28, 
(^•uebt'C. 

October 28, 
•Ci'iPtiw- 



October 28, 
'Quebec. 



(For Other documents on this subject, see Q. 87-1 from page 270.) 
Milnes to Hobart (No. 3). Sends duplicate of letter to Portland, 
that measures had been taken lo .secure the la,nd to meet Finlay's 
obligations to the Post UiHce. Encloses agreement to that effect. 

Page 311 
Agreement respecting the transfer and sale of land coming to Finlay. 

Milncs to Ilobart (Xo. 4). Encloses requisition for goods for the 
Indians, lendered necessary in consequence of the loss of the 
"Sovereign." ' 354 

Monk to lIoi)urt. Applies for the office of Chief Jiisiico of the 
Province, lo become vacanl by Osgoode remaining in England. 315 

Documents accompanying the applicatinn. ;J18, 323 

Milnes to same (No." 5). Sends Naval Officer's returns of vessels 
entered and cleared at Quebec from 5th .Tuly to lOih October. 325 

•Nime to same (No. 6). Send minutes of Council on Crown Lands, 
from 7lh July to date. 326 

Minutes, 21st July. Report on the petition of Jane, widow of Moses 
Cowan. o.)7 

Peport on the Survey of Brampton, with evidence, &c. 328 

Pep irt on the expediency of tixing a pei iod ior terminating the land 
business. '^ 33S 

Minutes Uth August. Report respecting the publication of a list of 
applicahts' orders, in order to their uniting'lo come forward. 343 

Pei):)rt on two letters from the Survej-or General. 344 

Peport of petitions for land. 349 358 

(For names see alphabetical list.) 

Minutes, 14!h Sei)temlier. Report on petitions for lands, with journal, 
^''- ' 359 

Peport of memorial of Alexander Ellice for survey of the ungranted 
portion of Clifton. 37I 

Peport on the township of Shcniey. 374 

Survey ordered of the ungranted lands of Farnham and 
Clifton. 375 

Milnes lo Ilobart (No. 7). Refers to dispatch of 1st Ai^gust 
to Porllanil, relative to information by Graham of a con-piracy, but 
it was so vague as scarcely to deserve notice. (See Q. 87-1, ]). 151.) 
Sends additional information. (This is substantially the same as in 
letter to King of Kith SejUember, at page 297.) The Militia called 
out and acted with alacrity, a (diange for the belter, as on a former 
occasion they acted >vith such reluctance that it was thought advisa- 
ble not to follov^ up that order; has no <loubt that this alacrity has 
ai'isen from having reviewed them himself, an attention they luul never 
received from the King's representative, and a yearly I'epelition woukl 
have the best etfecl. Police associations are forming in Montreal, 
composed of the most resjiectable inhaiiitaiits ; 600 stand of arms have 
been tleposiied there by Hunter for the use of the Militia. Thornton 
has been informed of the plans reported to be carrying on in Vermont, 
and a confidential person has been employed to wat^cl/lra Allen and his 
associates. A co;iospondence has been ostal)lished with the cures, to 
report the arrival ot strangers or suspicious persons in the parishes. 
The United Stales (rovernment does not appear to have any knowledge 
of tlio ])lan<, HO tliat it is to he pi'csnmed that Ira .Allen is employed hy 
the emissaries of France. 377 

Enclosed. Peport of Attorney General (Sowed), dated 2Ist Septem- 
ber respecting the (!ivil Society of Montreal. (A secret society for 
overturning the (iovernment, of whose methods, iVc, u detailed state- 
ment is given.) 383 




Hi 




• » « ' 




1801. 



Novcnibfi' 



N<iv(-iiil)cr (I, 
'.'ucbi.'C. 



Xnvciiihcr 
<iufb('c. 



'.'llI'llW. 



Xovinilioi' 



1 >i'ii luliiT ;!, 

Diiuiiiiij,' 

.Stivet. 



STATE PAPERS — LOWER CANADA. 



Q. 87-2 



:.$; 


f 


t *; 


1 

])<ri'iiilicr 1 1, 
; Kiiitrstnii. 




! Dccfiiilii'i' 1 1, 


4 


<Ji'iifnil I'list 




DiTillllir.)- 11. 

^\■||it,.|mll. 



becond report by tho Attorney General, .luted 23rd October, of the 

Civil Society of Montreal, of whicb Ira Allen, principal in McLean's 

conspiracv, was at tiio head, one of the first objects of which was tho 

pliu.der of Montreal. Details of the plans of the conspirators Pa-^e 302 

-bxtracts from tho materiid parts of depositions and iiapers relaUvo to 

a secret society formed at Montreal and a proposed invasion of His 

Majesty's Province of Lower Canada. 400 

Proclamation, 15tii October, 1801, calling out the Militia 418 

Milncs to Hobart (No. 8.) Sends statement of the voluntary contribu- 

tions for carrying on tho war, with bill for £385 9s. 5d. sterling, the net 

amount of the suuscriptions. ^ ^.,., 

Enclosed. Statement of subscriptions and expenses 4-'3 

Milnes to Hobart (No.!)). Had informed Portland of experimen'ts 

being carried on ... hemp culture by Mr. Isaac W. Cla.ke; sends samples 

of h.s and of hemp grown at (>»uebec l)y William (Jrant. Will .ecom- 

mend to the Legislature measures foi' promoting the growth of hemi. in 

the Prov.nco. ' ',., , 

''■ ,, ^'''''^ I'' ^'V"'' (^"-J'^)- Reports the stops that will be .iccessary Ibr 
the t.'ial of Oreorgo Parrell for mui'der conimiltcd on the high seas in 
conseqiience of a judgmct of a Court of Gceral Gaol Delivery .lelive'.-ed 
subsequent t.) the report (enclosed) of the Attorney Ge.ie.'al. Asks that 
a new commission may issue for the trial of marine oflences 42G 

lieport of the Attorney Genoial upon tho Admiialty Commission for 
tne trial of mar.ne felonies under iheStaluto 11 and 12 Will III c 7 4'>8 

N Milncs to Iloba.'t (No. 11). In accordance with the" di.'ections of 
loi'tland to grant half a township to Caldwell, had infor.nod that gentle- 
man and now enclose copy of letter from him (Caldwell) and answer 
Had given him a gi-a..t of quarter of the township of Westbury but 
cannot g.ve a ti.ial answer respecting .Melbourne, as that is befbro a 
Committee of th.) Council. Besides the two quarter townships Caldwell 
w. 1 rece.ve 1.000 aces in (h-anby and Milton, his proportion as a Colonel 
of .Mihtia during the sie^e of Quebec. ^-^n 

Letter from Caldwell, dated Jielmn.n, 10th November, discussin.- the 
crms of the giant to him, and i.ccepting i.i the meanti.ne the nuaiUn- of 
the tow.isl.ii) of Westbury. I^y 

Ryland to Caldwell, Uth November, a warrant will issue for the 

quarter township. , ,., 

. Milnes to Hoba.'t (No. 12). That from all the informatio.i he has 

lece.ved, the schemes for e.ealing disfurbanees aiv done away and is in 

hopes that no further schemes of thi> kind will be foiined 4t3 

Hobart to Mil.ies (No. 3). Dispafdies .eceived. Letter in favour of 
i-uilay sent to the I'ostma^ter (ieneral. Requisition for goods for the 
Indians sent to the Treasury. Approves of the means adopted in con- 
sequence of the discoveiy of tho j.lans of Ira Allen a.id associate^ but 
the movements must bo watched with u.. abated vigilance The Iviii"- 
approves of his having pei-s.,„ally reviewed the Militia, a.id is i;Tatitie'd 
at his measures being seconded with so much zeal a.id loyalty bv His 
Majesty s Ca..adian subjects. TI.e.e appeai-s to be no objection to a.iy of 
the Acts transmitted, except to No. S2, that respecting last wills iuid 
testaments, which has been lelerred to the Privy Council for considei'a- 
tion.^ 411) 

W. -M- Pitt to Sullivan. Under Secretary. Asks for a grant of 10 Ot)0 
acres to Mat hew Sc(<tt, who proposes to settle in Upiier Canada. "siG 

l-reelmg to Sullivan. That the corre.pundeiice relative to Quebec 
shall be taken ...to co.isideiation by the Hoard. 5i«j 

King to same Sends mcmo.'ial by Chief .Justice Osgoode, addressed 
(0 the Duke of Portland in Octoboi-, 180(1, and omitted to bo taken i.ito 



Q. 87-2 



STATE PAPEBS — LOWER CANADA. 



175 



1801. 



December Ki, 
Quebec. 



December 23, 
Quelw'C. 



consideration, having by some accident been separated from the other 

oflBcial papers relating to the Province of Lower Canada. Page 520 

Enclosed. Osgoode's memorial. 521 

Proclamation of 1763. 523 

Milnes to Hobart (No. 13). Caldwell is desirous to obtain his grant 

from the residue of townships already surveyed and subdivided. 

Understands that these are reserved to raise a fund for defraying civil 

expenditure. Asks for instructions. 444 

Same to same (No. 14). Sends minutes of Council on matters of State 

between 21st July and 1st October, and concerning the waste lands^Kjf 

the Crown from 29th October to 11th November. 445 

Minutes, 11th November. Report on the petition of Dr. Holmes for 



land. 



446 
447 

452 

45B 
waste 

460 
Judge 

464 



Report on petition of Cull and others for land in Hatley. 

Report on the township of Shipton. 

Report on Granby and Milton. 

Report on a proclamation and advertisements respecting 
lands. 

Minute-s, 2l8t July. L. P. Panet sworn in as a Councillor and 
of the Court of Appeals. 

Minutes, 14th August. Report with documents respecting the papier 
terrier (land roll). 464 

Report on the petition of John Purss, respecting encroachments on 
the King's Wharf. 468 

Minutes, 14th September. Report on the Public Accounts for six 
months ending 10th April. 470 

Report on proposed new lease for the King's Posts. 490 

Report respecting certain persons suspected of treasonabU practices at 
Montreal. 504 

Minutes, 1st October. Further report respecting suspected persons at 
Montreal. 508 



Applicants for Lands in this Volume. 



(The figures after the names show the pages.) 



A. — Abbott. Abiel, sen., 450, Abiel, jun. 
Henry, 17, Martin, 450; Allen, Johr,51, 64, 



449, John, 450; Adams, 
Richard, 52. 64, Thomas, 
39; Allsopp, Geoige, 61 ; Amand, M. dit Villeneuve, 23; Anns, John, 20, 
Josiah, 18; Antrobus, Catherine Betsy, 238, John, 79, 238. 

B. — Ba'-nard.deorgo, 453, Henry, 453, John, 454, Samuel, jun., 144, 
Stephen, 453, William, 70, 71, 144, 149; Bartlctt, Joseph, sen., (J9; 
Joseph, jun., 69, Roswell, 176; Barry, Benjamin, 81, Patrick, 229, T., 
229; Bacon, .lames, 19 ; Bailey, Abigail, 34, Christopher S., 27, 34, Ira, 
34, Israel, 27, John, 34, Mary, 34, Orsamu-*, 27, Susannah, 34, Timothy, 
8, Ward, sen., .33, 34. Ward, jun., 27; Bull, Jonathan, 76; Baldwin, 
.Tabez, 28, Nathan, 29; Beach, Thomas, 30; Beaman, N., jun., 149; 
Boar. Jacob, 45; Beaujeu, Louis L. de,47,48; Bedard, Pione, 80; Beech, 
Samuel, 29, Stephen, 449; Beilanger, Jean Bio., 23; Bell, Elias, 55, 
James, 53, Go, John, 55, 67, Samuel, 55, 67, William, .')5, 67 ; Benedict, 
Beiiaiah, 73 ; Bennet, Abel, 30, 42; Berrcy, James, Qk], 54 ; Bishop, Benjn., 
29, Samuel, 14.") ; Bisson, Clement, 22; Black, John, 31 ; Blackwood, J., 59, 
Jacob, 220; Blancliard, Peter D.,450; Blunt, David, 157, Ephraim, jun., 
457; Bockes, John, 233; Bomhower, .lacob, '^33,Jolin,233; Bimneau, Joseph, 
139; Bonneville, F,, 23; Bonney, James, 148; Bointon,Fran9()i8, 23 ; Bou- 
thillier, Wm., 33; Boynton, ^(fmund, 90; Boydon, Kdmon(l,450; Boyn- 
ton,Wm., 90; Brandon, 238; Broccas, .John, 454; Brodorick, Michael, 






176 



STATE PAPERS — LOWER CANADA. 



ISOl. 



tsim 



l?-i E 



Q. 87-2 



44; Brown, Jacob, G9 ; BniriHon, Lymon, 11, Reuben, 15: HurUo, James. 
57; Burn, Oliver, 1:3!}; Buttolph,Elihu,(J'J. - . 

C.—Camer()i., Duncan, 44, .lobn,48; Carrigan, Patrick, 51 ; Carnontcr, 
btep icn, 2() ; Carter, Stephen, 21 ; Carthing, Jamen Asa Wait, JG ; Cart- 
wnght. Almond, 2;JH, ChriHtopher, 285 ; Catlin, AmoH, 457 ; Catling, John, 
232; Carwell, Apthorpo, 30, A., 42, Jodediab, 14(>, O/Juh, 147; 
Caw, ^Vm., 61; Chudsoy, Job, 448 ; Chamberlain, David, 450 Timothy 
457; (Uiandler, K., 236; Chapman, George, 47; Charland, Louis 47;' 
Cheosman,Al)ijah,53; Cheney, David, 85; ChildH.Samuol, 145; Clappera 
Adam, 234, Adam, jun., 235, Henry, 235; Clarke, Charles. 455; Clark' 
hbei.e/.er, 10, Harvey, 450; CotHn, N., 61 ; CoIgrav.^ Uni, 76; Cook, Call 
yin, 85, (reorgo, H, John, 27, Philip, 75; Cooper, .Fesse, 29 ; Cosgrove 
Henry 15, Cowan, Jane, 40, 241, Moses, 40, 41, Alilln, 239 ; Creller' 
letor, 234; Croucklin, Abraham, 69; Cuylor, Al)raham, 78; Cull, Jlenry 
59,447,448; Curtis, John, 1! ; (Jushing, Kimer, 453, Job, 454; Cutler'. 
Anthony, 52, 64, Ciuvs., 30, Itoyal, 30; Cuyler, Abraham, 133. 

D.— Duggit, Asa, 45>i; Dumbourges, 59; Danford, Samuel. 16; 

Danlorlh, Jacob 229 ; Daw, Wm., 229: Davis, Joseph, 450; Day, James, 57 
Dechambault, K., l40; Deen, llicha.d, 17; Decoigno, J. B., 139; Denin.r 
Jonathan, 18; Derrick, Conrad, 12. Philip, 10; Dewan, John, 56 ; de Lisle 
Rosalie. 57 ; deNiverville, Jos. B., 79; DiekinK)n, Joel, 19; Dillon, Richard' 
49 ; Dickinson, Samuel, 85, Stoughton, IH ; Dillenback, Jlenr\', 75, Philip' 
7.^; Dolph, Joseph, 70; Dorman, Miles, 146, Samuel, 75; Douglas Alex 
53, 65, Thomas, 236; Dounan, Kbenezer, 76; Doiy, Rev. John 79- Doy- 
ing Daniel, 454, James, 454; Drew, Clement, 68; Duehoquet, Pierre, 60; 
Dudley (roodnch, 45(»; Dumas, Alex., 46; Dunham, S., 232; Durochor, 
Oliver, 139; Dustin, Wm., 455. 

E.— Hldeikin, Bela, 62; Kllison, Thomas, 456; Emuck, Henry, 12. 
-^'-"o ""'*' Abraham, 12; Kanwell, John,26; Feuilloteau, T., 22, J. B. sen 
21, J. B., jun., 21; Ferguson, Alex., 12, A,, 43, John, 47, SI, 229, John' 
jun., 23o; Fesendon, Nathaniel, 452; Finlay, Hugh, 232; Filer Samuel' 
10,11; Fish, Jo^aph, 448, Samuel, 448; Forticr, Charles, 23; 'Posbury' 
Derrick 55, Feter, 55 ; Forsyth, J., 140; Franks, Thomas, 52; Fraser,' 
Daniel, 85; Fremont, Renette, 48; French, John, 28, Ijcvv 28 Luther 30 
42 ; Fride, Dedorick, 17; Friott, Abraham, 11, Joseph, 11, Abraham, j'un.! 
10; Frobisher, Joseph, 35, 36. ' 

(4.— (iale. Samuel, 185, 186; (iamelin, Josejth, 457; Gautier, S., 48 ; 
Germain, Isaac, 81 ; Gill, Richard, 90; Gleazen, Joseph, 19; (Jlen Jacob 
48; Goulder, Thomas, 78; Grant, Hcnoiii, 10; (rraves, Fdward '53 65- 
Green, Daniel (or David). 449, Major, 71, Robert, 457 ; Gregory .John' 
35, 3S; Griggs, Abraham, 52, Hannah, 57, Ermin, 51, '64; Guay' 
Andrew 48. > j > 

H.— Hall, Wm., 21, 23; Hams, E.,49; Hardie, Henry, 52, 64; Harnm 
Alex 138; Hart, Jonathan, 69; Hastings, Elijah, 453; Hawley, Amos' 
10, 27, Asabel, 90, Burt(m. !I0, Kli, 45,Ephraim, 12; Harwood Hiijah 147- 
Haycock Cham)rsey, 449; Haytord, S., 145; Hayes, Peter, "53,' 65 j 
Heani, Edmund, 148, 149, William, 149; Hcliker, Abraham, 70; Hotiker 
Laac. 69; Hicks, John, 454, J()>eph, 454; Hide, Ira D.,146; Hill, Thomas, 
455; Hitchcock, Fpliraim, 449, Jiuke, 233, {'an!, 450; Holmes Wm "30 
446; Hogan, Fdward, 70 ; H>g''- ohn, sen., 235 ; Holbrook, Jo'hn, 20 Syl- 
vanus, 85; Ilerner, Frederick, c8 ; HosUyns, Seth, 85, Timothy 54 (;5- 
Hovey, Chester, 419, EI.enezer, 59, 447, 448, 450; Hoylo, (uMJige lo' 
John, 10; Hubbard, Bodard, 77, Israel, 450, Sanuu-i, 77; Hudson' 
Elisha, 159, Wm.. 149; Hugh, Joal, 27, Samuel, 27; Hunter, Nancy, 
45; Hurlbut,Maiy, 90; Hyatt, Abraham, 74, Cornelius, 77, (rilbert 73 
Isaac, 76. Jacob. 76, Joseph, 74; llyor, Michael, 16. ' ' 

I.— Ives, Eli, 449, Joel, Hall, 449, Joseph, 448. 



Q. 87-2 



STATE PAPERS— LOWER CANADA. 



177 



ISOl. 



. J«)Ht)|)h, 230 i Liivvroiico, lOnistus, 11), Klijali, 51, (Jd", Henry, 18, 
Hfii., 54, <)(), Isaac, Jim., 54, ()6 ; Lcarnod, Jloyal, 28; Lol)anon, 



J. — [obort, Benj., 35, 38; Johnson, Sir John, 230, Jamos,l40, Wm. 17 ; 
JonoK, ThomaH, 57 ; Jordan, John, 2!), Philip, 30 ; Juncken, Henry, 

K.— Katzoback, John, 55 ; Keo, Ephraim, 146, K., 147, S., 14G ; Koezcr, 
Joseph. 455; Simon, 440 ; Keller, Hannali, 232; l^enil.lo, Mathias, 233 ; 
Kent, Wm., (It); Kimball, (ieor^r,., ;{(», .)._ 42 ; Kilboni, Chas., 11, J., 01 ; 
KinnesHon.Al., 6(1, Lsaac, 52, (i5, Solomon, 53, 05, Wm., 54; Knapp, 
Kphraim 148, K., jun., 140, Moses, 73; Knowlton, rjuko,S4, !»1, 1!»7, 198, 
Luke, Jan., 18, Sihw, 19 ; Koons, Peter, 235; Ki'eller, Philip, 235; Kiiich- 
back, .!., 00. 

L.— L'Abb^, J. B.,22, J?i'mi,23; Lambert, Joseph, sen., 22, Joseph, 
iun., 22; Lampman, Michel, 235, Stejjhen, 70, 2;;4; Lane, John, 230; La 

Mothe ' ■ " 

fsaac 

Jephat, 450; Lee, Wm., 139; Leet, I5enjamin, 455; Lo 151anc, B., 57 ; 
Le iionnty, John B., 455 ; Lomin, Caleb, 450; Jjennio J., 139; Lemue, 
T., 44; Lessard, Auf^iistin, 22; Leiveston, David, 450; fiestor, Jiobert, 
67, 08, 71, John, 454; Lewis, Kzekiel, 52, 64, Silas, 53, 05; Liddel, 
JamoM, 10; Little, Taylor, 449 ; !;ob(iell, Kbon, 75, James, 73, Thomas, 
75; Loii^rinore, (reorge, 229; [jonval, GharleH, 47; Lothr()[), Charles, 
30, 42 ; fiUcan, James, 30; Luther, .lames, 29. 

Mc.-. McAllister, Pet;'r, 47, Wm., 30, 42; McBean, Angus, 52; 
McCarthy, .lohn, 70; McCline, John, 457, Haptisto, 458; McFariane, Mal- 
colm, 53; McParland, Malcolm, 05; McUillivray, J., 140, Wm., 35; 
Mackay, John, 40; McLeiui, Major L., 00; McNamaru, .John, 85: 
McPhorson, Malcolm, 79 ; McTaviiji, S., 37. 

M. — Ma,i(oon, lOphraim, sen., 455, lOphraim, jun., 455; Maillet, Chas., 
139; Mantle, Joseph, 70, IVter, 90; Mark, 'John, Jan., 55; Martin, 
Jleuben,449; Martindalo, Aaron, 232, Kdward, 2;!2, James, 233 ; Martin, 
John, 457; May, Calvin, 89, 91; Morcuro, Pierre, 48, P., jun., 229 j 
Merrihen, John, 74, Joseph, 74, Thomas, 74; Merriman, Amasa, 450; 
Milton, 458; Mitchell, J., 54, M., 140; Mittleberger K., 79; Mix, Enos, 
448; Mock, John, 53, 05, John, Jun., (17, Joseph, 55. 07; Moe, David, 73, 
l^lani, 75, Al., 70, John, 7(!, .loseph, 70; .Moet, llichard, 52; MotHtt, 
Wm., 54, 00; Mondion, .1., 140; .\l()ulton, Benjamin, 450; Morehouse, 
Mathow, 70; Morrogh, iiobt. 07, 08, 71; Morse, John, 19; Morton, 
Jonas, 449. 

N. — Newton, John, 73. 

()._Oates, John, 457; Oakes,T.,79; Ogden. Isaac, 9; Osgoode, Abncr, 
28, Luke B., 19, John, 20 ; Osborne, Joseph, 138. 

P.— Page, Samuel, 20; Paitol, i)avi<l,233; Partridge, David, 19, Reuben, 




Louis, 47; Powers, Abner, 29, Henry, 53, Richard, 51, tU, Wm., 52; 
Prangborne, Sajnuel, 15; Presbury, Levey, 75; Preramerman, Frederick 
235; Pierrejacque, Chas, 22; Proulx, J. B., 139. 




7a— 12 



.feremiah, 15, .fohn, 15; liobeitson, James, 40; Robinson, John, 450, 
Rosenbnrgh, Peter, 235; Ruiter, Henry, 45, John, 234; Rutter,John, 19; 
Ryan, Thomas, 49; Rundlett, Wm., 450. 

S.— Santord, i'^phraim, 40; Sargent, Luther, 20, Roswell, 20; Saurae, 
lean, 47; Savage, Abraham, 52, John, sen., 50, 51, John, 52, 55, John, sen.) 



m ' '•■'■ 



/78 



STATE PAPERS — LOWER CANADA. 




Q. 87-2 



1801. 



1 ■ 



63,7: >hn, jiin., 51, 64; Sawyer, Josiah, 70; Savage, Poter. 52,64 
Sawyer, G. P., 30, James, 44, .Toaiah, 24, 26, 42, P. G,, 42 ; Sax, .Fohn, 54 
Mathow, 234 ; Saxton, John, 48 ; Schalch, Major, 81 ; Schmidt, Louis, 139 
Schoolcraft, Adam, 233, James, 440; Schuddor, John 90 ; Schutt, Alex. 
78; Scott, Moime, 74; Sears, James, 17; Searle, Bonj. B,, 84; Snattuck 
Consider, 84 ; Samuol, 84, Seth, 84 ; Shearman, Libbens, 147 ; Oliver C. 
147; Sheppard, James, 68; Shull, Alex., 53; Shuter, John, 139, J., 139 
Simon, Jleuben, 450; Smith, Jonathan, 456; Smith, Joseph, 139, 234 
Willard, 233; Spalding, John, 54, 66; Spencer, Jeremiah, son., 142, 143 
Jeremiah, jun., 142, 143, Pelag, 142,143; Squires, John, 149; Steel 
David, 147, John, 80, Jonathan, 455; Stemhover, George, i'O ; Stevens 
Artimas, 20, Samuel, 20, Theodore, 16 ; Stevonburgh, Stephen, 54 
Steward, Amherst, 455, Stewart, John, 85 ; Stoddart, EliaUim, 57 
Strcight, Ludowick, 90 ; Stub'nger, J., 50 ; Sturtovant, Caleb, 149 ; Stuart 
Peter, H3. 

T.— Taplin, Johnson, 11; Taylor, Wm., 16, 448; Terry, Samuel, 146 
Thimbali, Stephen, 85; Thohlep, Adam, 15 ; Tobyne, James, 457; Tod 
Isaac, 35, 37; Toosey, James Bramall, U37, Mary, 237; Tonn, Silas, 16 
Towner, Alhiel, 53, Benj., 54. Crosby, 1-, 53, Wm., 53 ; Traver, Daniel 
229; Tree, Caleb. 233; Tripp, Robert, 45; Trueman, P., 149; Tryon 
David, IG; Tuttle, Thadeus, 54, 66. 

V. — Vanolict, John 16; Vantine, Abraham, 74; Villeneuve, see 
Amand; Vondcn, VVelden Wm., 79. 

W. — Wadleigh, Jesse, 450 ; Wainwad, Thomas, 53 ; Wait, Nathaniel, 
16; Wakefield, J., 147, Wm., 146, Wyman, 147 ; Ward, John 77, N., 147: 
Ware, James, 54; Weokes, Joseph, 16; Wehr, Christian, 78; Wostover, 
Moses, sen.. 234; Wetherell, Job, 453; Wotherall, Lot, 453 ; Wentzol, 
Adam, 81 ; Wheeler, Ephniim, 15, 17, Frederick, 234, Joseph, 16 ; White, 
Zeros, 17; Whitman, Robert, 46; Wickham, Benjamin, 225; Wightman, 
Thomas, 234; Wilcox, B., 145, Clement, 75, Fiancis, 74, John, sen., 75, 
77, John, jun., 76, Joseph, 76, Thomas, 76; Willard, Longley, 148, Samuel, 
18,20, 198; Williams, Providence, 450; Willsie, Thomas, 140; Wilson, 
John, 90, Peter, 45; Wing, Thomas, 18; Wiseman, J. L., 53, John 
Lockhart, ()5; Wood, Hezekiah, 51,64, Israel, II, Thomas, "'; Wright- 
man, Thomas, 46, 

Y.— Young, Alex., 90, Andrew, 12, Caleb, 450. 

Townships. 

A. — Ascott. 73. 

B. — Barford, 71, 72; Barnston, 07; B^cancour, 79; Brompton, 144, 
241; Broughton. 20 ; Bury, 89, 91. 

C— Compton, 79. 

E.— Raton, 23, 25, 42, 70. 

F.— Farnham. 78, 230. 

G.— Gay hurst, 34; (rranby, 91, 133, 134, 458; Grenly, 89. 

II.— Ham, 41 ; llatley, 59, 447, 452; lleieford, 15. 

I.— Ixworth, 83. 

K. — K'ngsley, 88. 

M.— Melbourne, 88, 33, 34; Milton, 89, 91, 133, 134. 

N.— Newport, 144, 148, 208, 209 ; Nicolet, 79. 

O.— Orford, 197; Oxford, 84, 85, 86, i88. 

P.— Potton, 71, 72. 

S. — Sliciiord, 50, 63, ISS; Shiptoii, 452; Simpson, 88, 89, 91; Stan- 
bridge, 231 ; Stanstead, 8, 92, '12, 90,143; Stoke, .33, 34, 40, 82, 239, 
240; Stoneham, 237; Stukoley, 17, 188, 198; Sutton, 60, 71, 72. 

W.— Wendover, 88, 89, 91; Wickham, 48; Windsor, 33, 34, 41, 88, 
89, 91 ; Walton, 41. 



Q. 87-2 



or. 52, 64 
X, .Fohn, 54 
Louis, 139 
liutt, Alex. 
; Snattuck 
; Oliver C. 
39, J., 139 
, 139, 234 
>., 142, 143 
149 ; Steel 
; Stevens 
ephen, 54 
iaUim, 5*7 
49 ; Stuart 

muel, 146 
457; Tod 
1, Silas, 16 
rev, Daniel 
49; Tryon 

jneuve, see 

Nathaniel, 
77, N., 147: 
; Wcstover, 
i ; Wentzol, 
16; White, 
Wightman, 
bn, sen., 75, 
48, Samuel, 
10; Wilson, 
., 53, John 
•'; Wi-ight- 



npton, 144, 



I, 91 ; Stan- 
K», 82, 239, 

72. 

34, 41, 88, 



Q. 88 



1802. 
.Tanimry (!, 

.Stiwt. 



.Tanuary 1!), 



Janviai'y 1!), 
'Quebec. 



.Tanuary 21, 

(^liiebfc. 



March 1, 



Marrli t, 
.Street. 



April S, 
I >ii« iiiiig 
.Street. 



April 22, 
<.,>nebec. 



STATE PAPERS — LOWER CANADA. 



179 



Lieut. Gov. Milnes — 1802. 
Q. 88. 

Hobart to Milnes (No. 4). Acknowledges receipt of voluntary con- 
tributions for the war. Eespectinff the measures for the cultivation of 
hemp. The letter (No. 9) and the samples shall be laid before the 
Privy Council when the latter arrive. The arrears due to Osgoode to be 
paid out of the Provincial revenues. Pajre 2 

Milnes to llobart (No. 15). Dispatches received. Legislature me^ 
on the 11th ; sends copy of speech, addresses and answers. His satis- 
faction at the appearance of unanimity in the two Houses. Calls atten- 
tion (in a P.S.) to the two reserved bills, one for establishing Free 
Schools, the other the Montreal wall bill. q 

Enclosed. Speech at the opening of ihe Legislature. 8 

Address from the Council. 13 

Separate address proseiiteil by the Council at the same time, con- 
gratulating Milnes on the mai'k he had received of the Royal favour. 16 
Answer to the Council. ig 19 

Address of the Assembly. ' 20 

Answer. 95 

Milnes to Hobart (No. 16). Sends minutes of Council on Crown 
Lands from 29th October to' date. 27 

Minutes, 11th November. Report on petition of Dr. Holmes. 28 

Report on the township of Huntloy. 29 

Report on the township of Shipton. 36 

Report on Graiiby and .Milton. • 43 

Milnes to Hobart (separate). Finlay, senior member of the Execu- 
tive and Legislative Council, and Major Holland, Surveyor General, died 
in the course of last month. Recommends Justice Williams for the 
vacant office in the Council. Owing to the absence of two and the 
distance at which others live, it is necessary that the otifice should be 
tilled as soon as possible, should it be considered that Judge De Bonne 
has the best claim to the seat, hopes that a mandamus to that effect will 
be sent early as convenient. Calls attention to the distressed state of 
Finlay's family. The infirm state of Holland's health rentlered him 
incapable of the regular execution of his duties ; the importance of the 
office; a Comniitteo of the whole Council appointed to investigate the 
state of the documents and records. Is afraid tliat the system intro- 
duced by Gale, whilst assistant, may lead to much litigation; the neces- 
sity of having a person of ability and integrity to estalilish a proper 
system. 51 

List of the P^xecutive Council of Lower Canada. 55 

Milnes to Hobart (private). Representation of the insufficiency of 
the salary to maintain the expenditure requisite on the part of the 
administrator of the Guvcrnment, if the jealousies wliicli formerly 
existed to be kept down. What is required of a Governor, &c. 59 

Hobart to Milnes (No. 5). The question as to the necessity of a new 
Admii-alty Commission has been referred to the Law Officers. The 
samples of hemp have nevei- been received. Sends receipt for the 
amount of voluntary contributions from Lower Canada. 4 

Same to same (No. 6), A second reference has been made on the 
question of issuing new commissions for tho trial of marine felonies; is 
yet unable to send the final report. T^eave of abfitMu^s' to !>o granted to 
Sir (reorge Pownall, on his appointing a suitable substitute. ° 68 

Milnes to Iioi)art (No. 17). Appointment of J3oucliette to succeed 
Holland as Surveyor General; his integrity and ability, 70 

Enclosed. Journal of a Committee of the whole Council respecting 
the Surveyor tieneral's office. 72 



7a— 12J 



B 



180 



STATE PAPKUS — LOWER CANADA. 



Q. 88 



IWVJ. 

May (i, 

Diiwiiiii); 

Sticft. 



May II. 
.Stni't. 



May 17. 



May 17, 

t JlU'lu'l'. 



llobart to Miliios (No. 7). Throo AcIh coiiHriiiod, iiivmo'y, 85, to 
dccliirc tlio (lociHoiv Act admisHildo in coinrncrciiil iih woll iih in other 
civil inatlorw; S(!, Act to roniovo tho oM wiiIIh, itc, of Montrotil, and 87, 
Art for tho ostal)liHhrnont of Kroo SchoolH. Thoro Hooin to ho no objec- 
tions to tho other Actn. I '"go S't 
Same to sanu) (No. 8.) lie is correct in tho view taivon of tho direc- 
tions respecting' Caldwell's L!;ranl; no f,'rant should l)o allowed to inter- 
foro with roBorvatioiiH already oidored. ilis satisfaction at tho 
cordiality between tho two branches of tho Lo^islaturo. .lusticos 
Wiiliamsand Do Honne to be summoned as Councillors. Tho appoint- 
nient of a committee to examine the state of tho documonts and records 
of the Surveyor (ionoral's dopartmont approved of. A now cominission 
for tho trial of marine felonies will bo forwarded. Forwards memorial 
from tiio widow of Captain Clarke of tho 5!)th i{o|,'imont, for a grant of 
laml. '^^ 
iMilnoH to llobart (No, IS). Sends minutoB of Council on State busi- 
ness from 2nd October, 1801, to 4th February, 1802. HO 
Minutes, 2;{rd October, (ipinion from Portland, as to the i)ractico of 
entering protests on tho minutes, laid before ilie Hoard. 00 
Minutes, 11th November. Reference respoctinj^; tho residue of town- 
ships oi'dored to bo disposed of. 02 
Ivcferenco respecting lands to bo appropriated for the foundation of 
Public Schools. 93 
Report of tho Attorney General on tho erection of Protestant parishes 
laid on the table. 04 
Minutes, 10th December. Proceedings and ro])()rt concerning per- 
sons continod at Montreal on suspicion of treasonable practices, with 
journal. "5 
Minutes, 12th December. Proceedings in roferonce to tho sale ordered 
of the residue of townships in which grants have boon made. Refer- 
ence, 100; the order read, 107; report, 100. 10(i, 107, 100 
Minutes, 5th .January, 1802. Proclamation of Peace recoivoil and 
ordered to be printed. HI 
Report on tho table of fees to the Attorney (rcnoral, with journal of 
proceedings. 112 
Minutes, Ith February. Report on Public Accounts beginning on 
tiie 11th of April, 1801, with journal of i)roccodings, statemonts, &c. 121 
Millies to llobart (No. 10). Tho Commissioners for erecting a 
Metropolitan Church report that the cost will considerably exceed tho 
estimate. The oncli)sed report shows the cause of tho adilitional cost, 
tho increased cost of labour and material has boon sucli as to render a 
correct estimate impossible, as will bo seen by tho case of tho Court 
House, j'ol uniiiiishi3(l, but which has cost already nearly double tho 
original estimate. The advantage is so great that he will take tho 
responsibility of advancing from time to time tho necessary money to 
carrv on the work. A great ])roportion of tho Protestant inhabitants 
do not belong to the Church of hiiigland, and those who do cannot 
contribute liberally, yet tho building of the church would ])robably 
unite all in one communion. Sends copies of tho Acts passed during last 
session, one to make good tho £-1,000 advanced on account of Court 
Houses. The Assembly asks for a further advance of £0,000 to 
bo made ^:ood. and the revenues are so increasing tliat there 
can bo no doubt ot tho sum being repaid next session. Increases 
Cgivcn in detail) amount to .C;i,000, which may be considered 
permanent, and the Act respecting bds et ventes will not only 
produce £4,000 or £5,000 this year, but also secure a permanent 
revenue. Points out that tho largo additional expenses are temporary, 

R 



Q. 88 

1802. 



STATE I'Al'ERB — I,OWER CANAI>A. 



181 



Mii.v L'l, 



.Miiylil, 



.Inly !l, 

J)()wiiiti({ 

fStii'ft. 



whiiyt llio rovomioH arc pormuiiont. An Act hm hooii paHsod for tho 
cuUuro of lutmp. Tho Kubjoct Iiuh boon tukon up witli Bjiirit in the 
<liHtii(!tH ()t'Quob(!(' and iMontroal, in which commit teoH huvo boon oatab- 
liHJiod, a copy of whoKo procoodingn and copy of hiy own Mpooch on pro- 
To^mwff arc oiiciosod. DiHpntchoH rocoivod ; culls attention to HubjoctH 
mentioned in lottoiH to Portland. Pago 150 

Memorial by the CommiHHionorH of tlio Motropolitan Churcli, rcepoct- 
ing tho o.xcesM of cost over tho o.'<timate. 166 

Title of the volume of AcitH. (The Actw have not been copied, being 
in Volume III. of tho .SlatutoH of Lower Canada.) 1(50 

AddroHH of the IIouho of AHHombiy for an advance of £(i,000 for 
tho Court House of Quebec and Montreal. 161 

Inwtruction on the mode of cultivating anil j)repai'iiig liemp. (Eng- 
lish, lOli, KKi; Froncli, 171, 175.) 102 to 180 

()thor<locumonlHon thoKamoMui)jo('t ill I'lnglinhand Kronch. IHl to 189 

MilnoH to ilobart (No. 20). KncloscH memorial from Mr. JJaby for 
an allowance in conHcquence of hin long HorvicoH and from the loss of 
income on account of the cea-iation of the lease of the King's Posts. 190 

Enclosed. Memorial of Kran9oiH Baby (in French). 193 

Milnes to Ilobart (No. 21), Sends oxeinplilicalions of tho Acts 
during tho sosi-ion, and a schedule, with manuscript copy of tho Journal 
of the Legislative ('ouncil. ' l'J7 

Unclosed. Schedule of Acts. 198 

Title of tho Statutes passed in tlie second session of ti'o third Parlia- 
ment. Not copied, being in Volume III. of tho Statutes of Lower 
Canada. 

Proclanuitions calling the Legislature together, with adjournments 
from time to time. 202, 204 

Minutes of the Legislative Council. 205 to 287 

Ilobart to Milnes. That tho a])pIication for an increase to his salary 
cannot be recommended, but trusts that ho will nuike up his mind to 
remain for some time longer. 66 



•e temporary, 



Applicants for Lands ix this Volume. 

(The figures after tho names show tho pages.) 

A. — Abbot, Abiel, jun., 31, 33, .lohn, 33 ; Adams, Mailin, 33. 

B. — Barnard, (ieorgo, 37, Henry, ."i", .Tamos, 38, Stephen, 37 ; Beech, 
Stophon, 52; Blanchard, Peter J)., 33; Blunt, David, 41, Ephraim jun., 
41; Brocas, .lohn, 38 ; Boydon, I'ldmund, 33. 

C. — Catlin, Amos, 41 ; Cbadsoy, ,Tob, 31 ; Chamberlain, David, 
33, Timothy, 41 ; Clarke, Charles, 39 ; Clark, Harvey, .33 ; Cull, Henry, 
29, 30, 31; Cushing, Elmer, .30, 37, 42, Job, 37, John P., 38. 

1). — Daggit, Asa, 33 ; Davis, Joseith, 33; Doying, Daniel, 38, James, 
38; l)u(iley, (ioodrich, 34; Dustin, \Vm., 39. 

10.— Kllison, Thomas, 40. 

F.— Fish, Joseph, 31, Saniuol, 31. 

G. — Camelin, Joseph, 42 ; (Jreen, Daniel. 32, Robert, 41. 

H. — llastingM, Flijah, 37 ; Haycock, Chaunsey, 32; Hicks, .Tohn, 38, 
Joseph, 38 ; Hill, Thomas, 39 ; Hitchcock, Kphraim, 32, Paul, 33 
Hovey, Cliester, 31, Ebenezer, 29, 30, 31 ; Holmes, Wm., 28, 29 ; Hub- 
bard, Isiiiel, 34. 

I.— Ives, Eli, 31, Joel Hall, 31, Joseph, 31. 

K. — Ivezer, Joseph, 40. 

L. — Lebanon, Jophat, 33; LoBonnty, .Tohn B., 39; Loot, Benjamin, 
39 ; Lester, John, 38 ; Leweston, David, 40 ; Lomis, Caleb, 34. 

Mo.— McClurc, John, 42, John Baptisto, 42. 



182 



STATE FAPKRS — LOWER CANADA. 



Q. 8S 



18(12. 



M. — Magoon, Ephiaim, 39, 40 ; Martin, John, 41, Reuben, 32; Merri- 
man, AinaHa, 33; Mix, Enow, 31; Mortin, Jonas, 32; Moulton, 
Bonjamir,, 40, 

O".— Oaks, John, 42, 

P. — Poasley, Philip, 34 ; Perkins, Joseph, 40. 

R. — Rexfoid, Ahraliam, 32, Benjamin, 31, Isaac, 31, Samuel, 31 ; 
Rico, Abino, 40; Robinson, .loiin, 40; Runalott, Wm,, 41, 

S. — Schooici aft, James, 31; Sliipton, 3(i; Simon, Reuben, 33 ; Smith, 
Jonathan, 41 ; Steele, Jonathan, 3!» ; Stewart, Amliorst, 30. 

T.— Tayh)r, Wm.. 31 ; Tesondon, Nathaniel, 38 ; Tobyno, James, 42. 

W.—Wadleigh, josso, 33; Wolhorell, Job, 37, Lot, 37; Williums, 
Providence, 33. 



Township. 



C— Clifton, 28. 
E.— Ely, 28. 
G.— (Jianby. 43. 
H.— llatloy, 29, 
M.— Milton, 43. 
iSf.— Newport, 2i 



35. 



Lieut. Gov. Milnes and Miscellaneous — 1802. 




1802. 

May 31, 

Downing 

Strpti. 



.Tiiiif !l, 



Q. 89. 

ilobart to Milnes (No. 9). Order that Osgoodo having resigned the 
office of Chief Justice of Lower Canada is to receive a life pension of 
£800 per annum to begin from the first day of the present May. Elms- 
ley, the present Chief Justice of Upper Canada is to succeed him, the 
salary to be increased to £1,,')00 per annum. The salary of the Chief 
Justice of Monti-eal is (for reasons given) to be increased to £1,100. 
Rlmsley also appointed to the Kxecutivo and Legislative Councils, Do 
Bonne to the Executive and Williams to the Legislative Council. The 
control of the 7k/cit'res rfes^ws^fs (keepers of post-houses for supplying 
horses) should be in the bands of the present Deputy Postmaster, 
Heriot, as in the same manner as the same was exercised by Finlay. 
Steps to be taken for that purpose. Page 2 

Milnes to Hobart (No. 22). Sends proceedings of the Executive 
Council on Crown Lands from 20th January and 28th March, and on 
matters of State from .'jth February to 18th JIarch. 5 

Minutes, 4th February. Report on petitions and on Councils. tJ 

(For names see alphabetical liit.) 

Minutes, 6ili Febriuxr}'. Report on petitions, &c, 38 

Minutes, 8th February. Report/ on petitions, c':c. 41 

Minutes, l.Tth Februa \ Report on petitions, Kc. 44 

Minutes, 17th Febiuai. . Report on petitions, &c. 47 

Minutes, 19th Februaiy. Report on petitions, &c. 48 

Minutes, 4th March. Statement of the Provincial revenue. 58 

Minutes, 18th March. I'roposed lease of the King's posts, with pro- 
ceedings and journal of the King's Executive Council on the same. .")8 
Report of the Committeo. 64 

Report of the Committee on the petition of James Irvine for part of 
the beach in lower town, Quebec. 65 

Report on the statements of Provincial revenue. 69 

Report on the case of Palmer and Dewey, in prison on suspicion of 
treason. 70 



Q. 89 



STATE PAPERS— LdWKR CANADA, 



183 



1802. 
.rime 17, 

lillclK'C. 



.rune 24, 



.rune ;«», 

CiuclK'C. 

■Inly .\ 
C^nebec. 



.hily ;u. 



Ddwiiiiig 

Str..-t. 



August 1(>, 
Quobt^c. 



Milnt'H to llobnrt (separate and secret). Warrant isnuoil for £275 
17h. 10(l.,nrroarrt ot walary claimed by ()K<;oodo. I> an.xiou.s to know the 
dotormination icspectin^j On^oodo's ottico of Chief JiiHtice ; hiw salary 
has been claimed by bin agontH but Mbiill poHtpono a decision till after 
the arrival )f the mail. The Chief Justice of Montreal (Monk) has 
preHidod over the Commission of (3yer and Teiminer for tiie district of 
Quebec and has been a|>pointed Speaker of the Jjegislatuie, but it would 
not be for the benefit of His Majesty's Service to continue bini in the 
latter office. The importance of having the office of Chief Justice filled 
up, and that whoever is appointed should Ije well acquainted with 
French. Pago 75 

Enc.lo&ed. Answer to Lester, auent for Chief Justice Osgoodo, that ho 
must postpone issuing a warrant for his salary till the arrival of the 
April mail. 78 

Milnes to llobart (No. 23). Is sorry that the samples of hemp have 
not been received ; shall send others. The steps taken to sell the 
residue of the townships in which grants have been made; dt is pro- 
posed in the first instance to oiler 82,000 acres at not less than two 
shillings and sixpence, which would yield to the Provincial funds 
upwards of £10,000. The value of the Crown lands. 79 

Enclosed. Report respecting the sale of the residue of townships. 81 

Milnes to Ilobart (No. 24). lias sent a second sample of hemp. By 
the same conveyance a quantity (2,584 pounds) is sent for sale. !»0 

Same to same (No. 25). Transmits memorial from the Commissioners 
for the erection of a Metropolitan Church, in which they cxpiess their 
hope that His Majesty would make a gift of Communion jilate and altar 
cloth with a Bible and Book of Common Prayer for the (T>vernor, 
Lieut, (rovernor, members of the I'rivy Council and officiating Clergy- 
man; not more than twelve Prayer Hooks would benuiuiicii, 92 

Memorial. 94 

Milnes to Hobart (No. 20). The length of time that has elapsed 
since the continemont of George Parrel 1, on a charge of murder on the 
high seas, makes him anxious for the new commission for the trial of 
marine felonies. Powell to have leave of absence on his application. 
The proclamation notifying the eoiicliision nf the wtir and the regula- 
tions for the navigation of British ships in time of jieace has lieen 
])ublished, and a day of thanksgiving ordered to Ije held. Is happy to 
find that his interpretations of the grant to Caldwell was correct. Has 
every reason to hope for continued unanimity on the jiart of the two 
branches of the Legislature. Is flattered at his recommendation on 
behalf of Do Bonne, and Williams has been approved id'. Has laid Airs. 
Clarke's memorial before the Council. 99 

Hobart to Milnes (No. 10). Minute of the Lords of Trade in Gale's 
memorial forwarded; the m-cossity for some legislative provision to 
obviate the diflicuUies respecting the titles of hind to early settlers. 
To consult, take measures and report. 

Milnes to Ilobart (No. 27\ The increase to the salary of the Chief 
Justice of Moitreal (Monk) has been notified to him. Had issued a 
warrant for Osgoode's salary up to the ;JOth of April. His satisfaction 
at the appointmiiit of Elmsloy. Ex])lanation of the cause which led 
to the appointment of Taschereau to be Superintendent of Post-houses ; 
the nature of the services rendered by these houses ; tlse class of people 
who act as Maitrcs des postes and their independent positions. Heriot's 
error as to the jiosition of Sujierintendent of Posts being part of the 
apj)ointmcnt of Deputy Postmaster General, because the offices were 
conjoinedin Fiiilay ; the influence possessed by Tascheroau, and the 
importance of securing his services in this capacity as well as in that of 
Grand Voyer. 105 



'T 



A t.. 



t:» 



f! 



184 



STATE I'AI'ERS — hOWKIl CANADA. 



1803. 



||M. 



.; •! 



Scptfiiilicr .'t, 



Se|)tciiil)fi'4, 

.Stii'ct. 






OctoU'i' 5, 

Downing 

Street.; 



OotoLer 5. 
(Quebec. 



Q. 89 



Enclosed. ExtractH from Ordiimnces "for regulating all nuch porbons 
'•as keep horHes and cariia^'CH to let and hire for tlio aceommo(lati<n of 
" travellerw, commonly called an<l known by the namo ot Maitrc d«s 
"pastes." I'a^o 112, 113 

Application by Jloriol, dated 30th December, 1801, to lie appuintod ii 
LogiHlative (Jnuncillor. 115 

MilnoB to llobart (No. 28). Transmits memorial from Lanaudiire, 
but, as the oventu to which it refers took place before his (Milnct*') 
arrival, can make no recommendation on the subjecl. Lanaudiiire has 
been (iraiul Voyor nince 17H<i, at a salary of £500 a year. 117 

Enclosed. Memorial (in French) from Lunaudi^re, with document 
attached. Showing hiw losHOhs, i)raying lor a grant of land and stating 
the amount of projjcrty belonging to his aunt, situated on Lake Cham- 
])lain, which had been unjuntly taken possession of and sold to the great 
detriment of his family interests. 118 

Statement of the seizure of his property by the Americans in 
1775. 123 

Ifobart to Milnes (No. 11). His Majesty's satisfaction at the mutual 
confidence of the ditferent branches of the Legislatui'e and at the pro- 
gressive improvement of the revenues Js happy to observe that the 
culture of hemp is so zealously promoted. Approves of the advances 
made to the Commissioners for erecting the Metropolitan Church. Will 
lay the request for Communion plate, altar cloth and books before the 
King. An allowance of £150 a year to be made to Baby and to his 
wife, should she survive him. Transmits o])inion of the Lords of Council 
on the Act to explain and amend the law respecting last wills and tes- 
taments. 96 

Milnes to llobart (separate and secret). Although his representation 
(to increase his salary) has not had the etfect with which he had flat- 
tered himself, is sensible of the attention given to the subjecl. lie shall 
do his best to carry on the Government as long as the Governor-in-Chief 
has leave of absence. Calls attention to his service in settling the dis- 
sensions which existed when he arrived, and the popularity now enjoyed 
by the King's Government, so that it would not be thought the increase 
granted in consequence of his letter in 179!> had been illplaced. lie- 
marks on the increase in the revenues since he had assumed office 
and refers to a similar result during the time ho was in command in 
Marti nico, when he had reduced the expenditure and increased the 
revenue, so that a surplus of £12,000 was left in the Colonial chest on 
his departure, although on his arrival the taxes could not be raised, 
Eelievcs that the augmentation asked for woidd be fully made up by the 
additional influence he would obtain, which would enable him to carry 
out certain objects, among others the Militia bill and the change of 
tenure. Further consideration on the subject; his situation not only 
was not for the advantage of his iamily, but he could not even save his 
private income. 1-" 

Hobart to Milnes (No. 12). A new commission for the trial of marine 
felonies has been foi-warded. Orders have been given to forward Com- 
munion plate, altar cloth and books to the Commissioners for erecting 
the Metropolitan Church which have been bestowed by the King. 102 

Milnes to llobart (No. 29). Sends Taschoreau's report on Provincial 
post-houses. 131 

Enclosed. Report on Provincial post-houses with observations on their 
present condition and that of the ferry men, kc. 132 

Written order addressed by Taschoreau to the masters of post-houses. 

136 



Q. 39 



8TATK PAPEHS— I.OWKR CANADA. 



185 



1H(»2. 
OctiilxT '-'7, 

(^lll'llCC. 



Octdlicr 'J7 



Octdli.T.'Ml, 



Ootol »■!■;«», 



Niivcinlici- 1, 



MilnoB to Ilnhart (No. :iO). Sondn Nivviil Officer's rotiirnn of vosRels 
oiitorod mill clciiri'd at QiioIh!c, botweon ilic lOlh of October, 1801, and 
fith January, 1802, Pago 13!> 

Enclosed. lioturn of vossols cnterod inwards. 13'Ja 

Tho Hanio of vok.soIm cloarod outwardn. 1396 

MilnoH to Ilobart (No. ."il). Sends roqiiiHiticm for ifooJs to supply the 
Htort'H witli pioHont.H for tho Imlians. 140 

Enclosed. I{o<iiiisition. 141 

MilnoM to llolmrl (No. 32). Sends Naval Officer's returns of vessels 
entered and cleared jit Quebec, between the ")lh April and 5th July. 143 

Enclosed. Returns of vessels entered inwards. I43a 

The same outwards. 1436 

Milnes to liobart (No. 33). Sends copy of letter from tho Judges of 
tho Court of King's Bench and of the presentment of the Grand Jury 
relative to the incompetence of liie Courts in tho Province to take cog- 
nizance of crimes committed in the Indian Territory. Tho Herious con- 
Hoquonce of this; sends tho fullest information attainable of tho state of 
the Fur tiade, of which ho gives a history, together with sundry 
enclosures. 144 

Enclosed. A. — Tjotters from tho Chief Justice and puisnd judges of 
Montreal, dated 12th September, with calendar of prisoners tried, con- 
victed aiid under sentence at the last session of the Court of King's 
Honch. Two presentments of tho (irand .lury transmitted, one respect- 
ing the escajjc of prisoners from the district gaol, the other respecting 
murders lately committed in \Aw interior or Indian country; the evils 
and dangers arising from this cause. An Act to provide for the trial of 
otl'endors in tho Province next to the scene of tho crime would have a 
deterrent effect. 153 

H. — Presentment of the Grand Jury, 10th September, respecting crimes 
committed in tho Indian territory which thoy are not competent to in- 
vestigate, owing to the state of the law. 15(! 

(1 — Report of tho Attornej' General, on the law respecting the trial of 
persons charged witii otfonces committed in tho Indian country, dated 
23rd October. 162 

J), — General I'oturn of the departments and ])osts occupied by the North- 
Wost Company, with number of jiartners, &c. 166 

K. — Average number of peltries cleared at the custom house, Quebec, 
for Kngland, from 17113 to 1801, with calculation of the duties ])aid on 
landing. 168 

l'\ — Kurs exported from Quebec in 1801, with average prices in London. 

169 

Millies to Ilobart (No. 34). Has received minutes of tho L^rds of 
Trade and shall try to obviate tlie ditlicultios v.itii regard to tho comple- 
tions of titles to certain early settlors. Arrival of Klmsley; ho has been 
sworn in. Calls attention to his re(iuest for a dispensing power with 
regard ti) mitural born subjects, who are prevented from appearing 
before (he Commissioners to taUe the oaths before obtaining the land 
granted them. Has advised Mr. Scott to prepare a memorial for lands 
which may be presented to Council. Itecommends Maurice do Salaberry 
for an ensigncy in one of the regular regiments. The importance of 
giving commissions to the sons of Canadian gentlemen. 172 

Same to same. Calls attention to an error in his letter of 4th October, 
niariiod separate and nerret, in .•stating that the increase of rovonuo was 
£4,000 instead of £3,000, the real amount (a reference to p. 125 shows 
that tho real amount (£3,000) was stated in the letter and probably 
copied incorrect I}'). The statement to the Duke of Portland in letter 
of Kith April, 1801 (No. 47), that the produce of tho Ms e^ ve/i^es in 
1759, the last year of the French Government was about £900, and that 



II . i 




186 



STATE PAPERS — LOWER CANADA. 



Q. 89 



1802. 



Novemlwr 



Noveiiilicr 
tiuebfc. 

November 
Quebec. 



Xoveiiiht r 
(Quebec. 



Novemlx'i' 
(^uelxe. 



N(n ember 
Quebec. 



I Uci imImt 
Street. 



exclusive of £5,000 in the present yeai-, a permanent revenue of £1,000 
a year may be looked for (see for letter 47, Q. 8()-l,p, 197). Page 176 
10, Miines to Hobart (No. 35). Sends minute? ofCouiicil on State business 
from 4th March to 27th May, and on Crown Lands from 29th March to 
25th July. 180 

(For Schedule of Provincial Revenues see page 58.) 

Minutes, 29th March. Report on petition of John Young. 182 

Report of the Committee on petitions, &c. 186 

Minutes, 28th May Report of the Committee on petitions, &c. 208 

(For names see alphabetical list.) 
If!, Miines to Sullivan, Introducing Usborne, connected with the timber 
trade of Lower Canada. 227 

U), Same to Hobart (No. 86). Sends documents relating to the resignation 
of a Mattre de paste and the impossibility of finding a person to till up 
the vacancy. The increase of the cost of provisions, &c. The addition 
to the charge for ordinary travellers not provided for in the case of 
couriers. The necessity for an arrangement. 230 

Enclosed. lieriot to Taschereau, 12th November that the Maitre de 
Paste of Pointe aux Trembles has resigned and the communication be- 
tween Montreal and Quebec is interrupt3d. 235 

Taschereau to Heriot, 13th November. Has received the letter regard- 
ing the post houses. The difficulties can onlv be removed by the Legis- 
lature. " 236 

Heriot to Miines, 14th November. The resigiiatio.i of the Maitre de 
paste Hi Pointe aux Trembles; requests that the Captain of Militia there 
be ordered to find conveyance foi- the mails. 238 

Ryland to H3riot, 15th November. His Excellency is not vested by 
law with the power to order Captains of Militia to furnish horses as 
required. 239 

Statement (in French) of Taschereau concerning th^j transport of mail 
carriers and the engagements of the Maitres des pastes respecting the 
carriage of mails between Montreal anil Quebec. 240 

IS, Miines to Hobart (No. 37). Had sent observations on the Fur trade in 
No. 33 (p. 144). Now sends abstract of the imports and exports since 
1793 to date, both inclusive, showing an export trade of upwards of 
35,000 tons, nearly double of that employed in any of the tirst six years, 
and there has been a regular and essential increase in the last three years, 
a proof of the growing importance of the Colony. Ship building was 
cai-ried on during the war, which explains why the number of vessels 
leaving exceeds those entering the ])ort. The harvest of this year is 
about equal to the last, the aggregate exported exceeds any former 
period, being equal to about 1,200,000 bushels of grai". 246 

Enclosed. Abstract of imports and exports. 247 

List of vessels, with their cargoes, cleared since the 15th of 
November. 249 

IS, Miines to Hobart (No. 38). A verbal representation made by metnbers 
of the North- West Co., that retaliation \n\\y taUe place between their 
servants and those of the neu' company in consequence of there being 
no competent jurisdiction for the trial of offences th'u-e, asks that in case 
u jurisdiction is established he may be notified as ear!}' as possible. 250 
2.'?, Same to same (No. 39). Transmits report on the petition of Mrs. 
Clarke and asks for instructions. 251 

Report. 262 

1, Hobart to Miines (No. 13), The ajtpointment of Taschereau as 
Superintendent of Maitres des pastes approved of. In consideration of 
Ileriot's o.xpectations he ma}' be recommended for an additional situa- 
tion of equal emolument to that of Superintendent of Mattres des pastes. 
Cannot comply with the application of Lanaudi" "e. Immediate atten- 



Q. 89 



STATE PAPERS — LOWER CANADA. 



187 



1802. 



Deceinbt r 

Downing 

Street. 



1803. 
Ftbruary 
Downing 
Street. 



lion will be given to the representation as to the apprehended evils of 
the incompetency of the Courts of Justice to take cognizance of offences 
committed in the Indian territory. Page 170 

15, Hobart to Milnes (No. 14). Dispatches received ; No. 31 of 21st Octo- 
ber has boon sent to the Treasury, with requisition of goods for the In- 
dians. Warrant sent appointing Elmsley Chief Justice and member of the 
Executive and Legislative Councils. The question of the Fur trade referred 
to the Crown surveyors. It is deserving of considei'ation whether it 
might not be advisable to establish a chartered company for the system- 
atic conduct of the trade. Its advantages. 178 

'' Sullivan to Milnes. That owing to the importance of the subject, he 

had introduced Mr. Osborne to the Admiralty, &c., with a copy of his 
(Milnes') letter of the llith November. The delay in receiving copies of 
Mandamus for persons entitled to seats in the Council has arisen from 
the neglect of their agents. 228 

Applicants for Lands in this Volume. 

(The figures after the names show the page.) 

A. — Adams, Eliphalet, jun '), 17, Joel, 54; Allen, John, 54, 199; 
AUer, John, 199, Peter, 199, 20;:!; Amory, John,4t!; Andrews, Benjamin, 
211, Catherine, 47, Eve, 211, George, 211, Nicholas, 211, Peter, 211, 
Samuel, 211, Sarah, 211 ; Antrobus, Catherine Betsy Isabella, 34, Cath- 
erine Cecelia Ann, 34, Clara Etbolinda, 34, Edmund Willia 



iam Bonier, 34, 



Georgina Maria, 34, James Cuthbert, 34, John, 19, 32, 33, John Cochrane, 
34; Arbour, Charlemagne, 222; Armstrong, Jesse, 47; Aiildjo, Alex., 41, 
Alexander, 21(i, 218. 




Francois, 188, 189; Booth, John, 199; Bouthillier, Ann Sophia, 21, 35, 
Mary Ann, 21, 35, Peter, 21, 35, Wm., sen., 19, 20, 21, 32, 33, 35, Wm., 
jun., 21, 35, Thomas, 21,35; ]}owen, Edward, 45, 198, 199; Brisbain, 
Eobert, 199, 203; Brunsen, Jabez, 199; Brown, John, 199, Samuel, 199; 
Bridge. John, 17, 18; Burghcdt, Conrail, 199, Garret, 1!'9; Busby, Alex., 
223, Christiana, 223, Margaret , 223, xMary, 223, Thomas, sen., 223, Thomas, 
jun., 223; Butler, Col. John, 188. 

C— Caldwell, Hon. Henry, 10, 187, Henry, 13, James, 188; Cameron, 
Catlierino, 223; Cannon, Edward, 194; Cameron, .lohn, 199, Thomas, 23; 
Carboncau, Baptisle, 12; Carrigan, Patrick, 200, Philip, 200; Cary, 
Thomas, 45, 198, 199; Chamberlain, Seth, 54; Chattcrdon, Nathaniel, 
199; Choesmai), Abijah, 200; Child, Amos, 54, Solomon, 54; Chamber- 




189 
D.— Dame, George, 220 ; 




9, Hugh, 9, .James, 9, John.'s, 9, 'it, Peter, 9; iJuprd, J. B., l!)4;'Dupre| 
Col., 198, 222, 225; Duel, Michael, 200, Philip, 200, William, 200. 





M ' 



188 



STATE PAPERS — LOWER CANADA. 



Q. 89 



1802 



\i , 




E.— Eaton, Wm., 54; Elderkin, Bela, 24; Element, Thomas, 224; 
Ellison, John, 9. 

F. — Fcsterdon, Joseph, 54; Finlay, Robert, 25; Fisher, James, 200; 
Fitch, Christopher, 24, Eleazcr, 24; Eraser, Simon, jini., 182; Frobisher, 
Joseph, 30. 217 ; Fuller, Bill, 200, Silas. 200. 

G. — Uallop, George, it; Garlick, Daniel, 200; Genevay, Capt. Lewis, 
188 ; Gibbs, Jeremiah, 200, Thomas, sen. ,200, Thomas, jun., 200; Gibson, 
John, sen., 9, John, jun., t), John, 200; Gill, Eichard, sen., 200, 
Richard, jun., 200; Gould. Jane, 42; Grant, David Alex., 45, 
Thomas, 19,20; Gray, Calel, 200 ; Gregory, John, 43; Gould, Elizabeth, 
197, J., 47 ; Gregorj', John, 187 ; Grenier, llyacinthe, 188, 189 ; Griggs, 
Alexander, 200, John, 200; Grajon, Ciiarles, 200; Grimes, William, 54; 
Guaj', Andr^, 12, Elizabeth. 12. 

li.— Hadlev, Thomas, 54; Haley, Peter, 199; Hall, Enoch, 200, 
Joshua, 17, Salmon, 17, Nathaniel, 200, Philo, 17 ; Hardj', Henry, 202 ; 
Hart, Jonathan, 200, Zechariah, 200; llawiej', Amos, 202, Asel, 199, 
Burton, 200, Ephraim, 200 ; Hayden, Abraham, 224; Henner, Frederick, 
200, George, 202; Hcnsingei', Imanuel, 202; Hibbert, Augustin, 9; 
Hogel, John, 200; Holt, Daniel, 54; Hughes, James, 23, Major, 194; 
Hunt, Peter, 9; Huntingdon, Simon, 200, Wm., 200; Hyatt, Gilbert, 
1, 24. 

I. — Irvine, James, 19,20. 

J. — Jack, John, 196 ; Jetfries, ,Tohn,sen,,44, John, jun., 39, 45, Samuel," 
11; Jobert, Benjamin, 43, 187,218, 219. Lewis, 200; Johnston, Barret, 
28 ; Johnson, Sir John, 188; Johnston, — , 23. 

K.— Kelley, Joseph, 208, Thomas, 209; Kendreil,. Henry, 54; Ken- 
nedy, Wm., 22, 40, 42 ; Kilborn, Joseph, 210. 218 ; ivimmel, Martin, 200 ; 
King, George, 42, 47, 210; Kobatch, John, 12. 

L^— Ladeu, John, 12; Ladeto, John, 200; Laforce, Widow, 220; 
Lampman, Michel, 200, Stephen, 202; Lancaste.". Thomas, 9; Laagan, 
Patrick, 187, 190; Laurrain, Marie Ann, P., see Corbin ; Jjay, John, 200; 
Lee, Eliza, 47, Thomas, 220, Wm., 42, 47; Letevre, Louis G., 197; 
Lefevre, J.B.,224; Loan()rd,Zear, 200 ; JiCret, John. 200 ; Lewis, James, 
200; Liddle, Andrew, 200, James, 200; Limney, Wm., 200; Longmore, 
Dr., 194. 

Mc— McBear, Angus. 200; McCallum, Peter, 200 ; McCann, Michael, 
39; McCarthy, John, 200; McCollen, Wm., 54; McCutchin, Peter, 201 ; 
McGill, James, 220; McGillivraj-, Wm., 43, 186, —,217,218; McKenny, 
Peter, 200; McKindlay, John. 223; Mncleod, Roderick, 206, 207, 
McPherson, Daniel, 40, 42 ; McTavish, Simon, 30, 31, 43, 217, 219. 

M. — Mabon, Andrew, 200; ^laitlami, Wm., 41; Manning, Gabriel, 
200, John, 200. 203, Joshua, 201. 203; Mann,Gother, Col., 29,' John, 193, 
Thomas. 192; Marsh, Jacob, 200, Randall, 200, Wm., sen., 200, Wm., 
jun., 200; Murstin, James, 201; Millei-, Archibald, 9, Benjamin, 195, 
Charles, 200. Daniel, 9, Gilbert, 200; Millar, George, 11; 'filler, George, 
196, John, 9, Thomas, 224; Mitchell, Jacob, 209,*210; Moffit, Robert, 
sen., 16, Robert, jun., 17; Moe, Dudley, 54; Molloy, James, 46; 
Montarville, Joseph La B., 29; Montour, Nicholas, 43. 186,217,219; 
More, Roger, 54, Wm., 201; Morin, Ftionne, 40, 42 ; Morris, Sarah, 
49; Moss, Thomas, 195, 196, 197; Molt, John, 200, Joseph, 200, Samuel, 

200, Timothy, 201; Mudget, David, 9; Munro, Elijah, 200. 
N.— Nevidon, Richard, 42, 47, 197 ; Noxon, Thomas, 201, 

O. — Odel, James, 200, John, 201, Joseph, sen., 201, Joseph, jun., 

201, Joshua, 201 ; Osborne, .Iose|)h, 23 ; Oxford, London, 54. 

P.— Patterson, Andrew, 9, Alex., 201; Pearce, Oliver, 9, Willard, 9; 
Pendleton, Benaiah, 39 ; Pennoyer, .Fosse, 216, 218; Perthius, Joseplho, 
40. Louise, 40; Phillips, Rachaol, 46, Samuel, 12,45, 198, 199 j Pickle, 



Q. 89 



mas, 224; 

mes, 200; 
Frobisher, 

)t. Lewis, 
); Gibson, 
Bon., 200, 
ilex., 45, 
Elizabeth, 
I; Griggs, 
lliam, 54; 

loch, 200, 
nry, 202 ; 
Asel, 190, 
Preiierick, 
'ustin, 9 ; 
.ajor, 194; 
t, Gilbert, 



5, Samuel," 
n, Barret, 

54; Ken- 
irtin, 200 ; 

low, 220; 

; Laiigan, 

lohn, 200 ; 

G., 197; 

■is, James, 
jongmore, 

, Michael, 
otor, 201 ; 
McKenny, 
20G, 207, 
219. 

, Gabriel, 
John, 193, 
JOO, Wm., 
imin, 195, 
r, George, 
t, Eobert, 
imos, 46 ; 
217, 219; 
is, Sarah, 
0, Samuel, 



epb, jun., 

Villard, 9; 
, Josepthe, 
9 ; Pickle, 



Q, 89 

1802. 



STATE PAPERS — LOWER CANADA. 



189 



Lauchlin, 



221. 



.lun., 

220, 221, Wm., jun., 
202; Rynn, Thomas, 

192, Elizabeth. 192. 



Jacob, 201, John, 201; Polsen, James, 12; Pimmerman, Frederick, 201; 
Pritchard, Azariah, 42, A., 47, 197; Purss, John, 19, 20. 

R.— Keid, John, 47; Reynolds, James, 40; Richardson, John, 194; 
Robb, John, 214; Eodsall, Edward, 196; Rosenberg, Peter, 201 ; Roes, 
Alex, sen., 221, Alex, jun., 221, Donald, 221, Felice, 221, Helen, 221, 
Hector, sen., 221, Hector, jun., 221, Hugh, 221, John, sen., 221, John, 
jun., 221, .Josephtho, 221, Lauchlin, sen., 221, 
Mary, 221, Paul, 221, Sophia, 221, Wm., sen., 
221; Roxton, 45; Ruiter, Elizabeth, 45, Philip, 
201. 

S. — Sails, Jacob. 201 ; Sandford, Ebenozer, 
Ephraim, sen., 191, 192, Ephraim, jun., 192, Esther, 192, John, 192; 
Sawls, Hick, 201; Sears, Uozekiah, 201, James, 202, James, jun., 202, 
Jerod, 201, Lyman. 202, Nathaniel, 201 ; Sewell, Joseph, 20l) Joseph, 
jun., 201, Taber, 202; Sexby, Garret, 224; Schut, Alexander, 201; 
Schutt, Mary, 201; Scott, Daniel L, 28, Thomas, 225: Shepherd, 
Richard, 201 : Shorts, Philip, 209 ; Simonds, Ezekiel, 54, Jonathan, 54; 
Smith, Daniel, 201, George, 201, John, 201, John, jun., 201, Joseph, 201, 
Wm., 201 ; Soles, Joseph, 202 ; Sowlos, David, 202, Stephen, 89, Timothy, 

201, Wm., 201; Spencer, Benjamin. 201, .Jeremiah. 201, Peleg, 201, 
Thomas, 201 ; Steel, John, 202 ; Stickney, John, 9, Jonathan, 9 ; Stimp- 
Hon, Daniel, 9, Ephraim, 9, .Tames, 9, John, 9, Joseph, 9; Stockhan, 
Anthony, 201; Stone, Calvin, 51, Isaac, 54, Simon, 201; Straling, 
HeUiiis, 202; Streit, Ludowick, 202; Stuart, James, 19, 20, Jane, 19,20, 
Margaret, 19, 20, Peter, 17, 18. 

T.— Taylor, Alexander, 201, Nathaniel, 29, 220; Thomas, Ansil, .54, 
Otes, 54; Toalman, Humphrey, 201 ; Todd, Isaac, 30, 31, 43, 217, 219; 
Towner, Wm., 201; Townseiul. Hazael, 54; Trueman, Peter, 202. 

U. — Unisted, Gideon, 54. 

V. — Vanderboghert, James, 201, 203; Vaughan, Josephus 201. 

W._Wadleia:h, Wm., 195; Wait, Nathaniel; Walker,'—, 194; 
Wallace, Wm., 202; Ward, John, 23; Wayvvood, Nancy. 202, Thomas, 
202; Weldon, Edmond, 202; Westover, Amos, 202, Asa, 202, David, 

202, Isaac, 201, .John, 202, Moses, 202; Wher, Christian, 201; Whitman, 
Robert, 202, 203; W' vmore, George, 202; Williams, .Tenkiii, 36,37; 
Woods, John, 202, Wm., 202; Wragg, EkMijamin, 202, Elizabeth, 202, 
Richard, 201, Wm., 201 ; Wright, Abigail, 53, B. Hopper, 53, Betsy, 53, 
John, 53, Lucy, 53 ; Walker, Margaret, 49 ; Wright, ]\Iary, 53, Phile- 
mon, 49, 50, 55, Polly, 53, Thonuis, sen., 53, Thomas, jun., 54; Wurtele, 
Josiah, 47, 48, 211 ; Wvman, Joseph, 54. 

Y.— Yeomans, H., 40; Young, James, 202, 203, .Tohn, 182. 

Townships. 

A.— Ascot t, 7, 24; Acton, 49, 216, 218 ; Athabatka, 187. 222; Auck- 
land, 29, 42, 46, 48, 185. 196, 211. 

B.— Harford, 203, 204; Bai'iiston, 43; Hulstrodo, 187, 190. 

C— Chester, 217. 219; Clilton, 197 ; Compton, 216, 218. 

D. — Durham, 225. 

E.— Eaton, 87. 

G.— Gran by, 208. 

IL— Halifax, .31, 187, 218; Hemmingford, 39, 185, 209; Hereford, 87; 
Hinchinbrook, 192, 209, 216; Hull, 49. 

I.— Inverness, 31, ISii, 2IT, 219, 22l' ; Ireland, 30, 216, 218. 

K.— Kilkenny, 183; Ivildarc, 22.'!, 22.') ; Kingsey, 195. 

L.— Leeds, 217, 21!*; Lindsay, Wm.. 205. 







M. — Maddington 
11, 208. 



37; Melbourne, 8, 10, 11, 46, 187; Milton, 10, 



pi 



I m 



§ 






190 



1802. 



STATE PAPERS — LOWER CANADA. 



Q. 89 



N.— Newport, 87 ; Newton, 206. 

P.— Potton, 194. 

R.— Raw'ion, 45, 191 ; Koxton, 4(3, 185. 

S.— Simpson, 2'10; Somerset, 194, 198; Stanford, 37,222; Simpson, 
225; Stanstead, 24, 43; Stoke, 13, 14, 17, 19, 20, 35; Stukei\', 87; 
Sutton, 45, 198. 

T.— Templeton, 49, 52; Trin^, 1S5, 21(5, 218. 

W._Woridover, 194; Westbuiy, 18; Wickham, 203, 205,213,214; 
Windsor, 220, 225; Woiftown, 186, 217, 219. 

Seioniokies. 

B. — Beauharnois, 185. 

1).— Delery, 185. 

L.— LaSallo, 185 ; Lotbini^re, 222. 

St.— Sto. Croix, 222 ; St. Joan de Cliaillon, 22,i. 



.1 ,j 




lis 
rll 
' 1*1 



14 






1-^nl 



if ■' 



I .5 



li 



i8oa. 

.Taiiuary 7, 
LoiicUiu. 



.January 2<i, 
Bank of 
England. 

February 4, 
Qiii'cn.-iton. 

Ffliruary !•, 

Downing 

Street. 



February 13, 
Bank of 
Kn),'lancl. 

Miircli 4, 
Whitelinll. 



Lieut. Gov. Mii.nes and Mi8cei,i,aneou.s — 1802. 
Q. 90. 

Sir Alexander Mackenzie to Hobart. Proposala for the establishment 
of a permanent fishery and trade in furs, &c., in the interior and on the 
west coast of North America. Same management required to bring 
auout the coalition of the two companies at Montreal. Those who do 
not go into the partnership should bo allowed to do as they please, 
but asks that the licenses shall be confided to him for behoof of those 
who shall accede. Has no doubt of succeeding with those whose per- 
sonal exertion are infinitely more essential than the capital of the others, as 
they can only be replaced by juniors growing up in the service during a 
period of from six to ten years, wheieas the capital can be raised at 
any time. Intends to embark towards the end of the month. Page 37 

Preliminaries to the establishment cf a permanent British Fishery 
and trade in furs, &c., on the Continent and West Coast of North 
America. 39 

A. Newland to Sullivan, Acknowledging receipt of bill of exchange 
for £385 9s. 5d., being the amount of voluntary contributions from Lower 
Canada towards the expenses of the war. ' 45 

Robert Hamilton to Charles Taylor, Secretary to the Society of Arts. 
Respecting the culture of hemp. 349 

Hobart to Milnes (No. 15). Orders have been sent to Horiot to in- 
crease the rate paid to the Maitres des pastes for supplying horses for the 
mails. The satisfactory state of the trade of Canada since 179o. Is 
authorized to grant the lands asked for to t'no Scotch Church and to the 
Congrdgation de Notre Dame. To report on I lie extent of land required 
for the maintenance of the Church of Scotland in Lower Canada. An 
Imperial Act necessary to authorize the trial in Canada of felonies com- 
mitted in the Indian territory. 20. 

Newland to Sullivan. Sends certificate of voluntary contributions 
from Lower Canada for the war. 46 

Report of the Lords of Council on (rale's petition relative to the grants 
of waste lands. 47 

(The documents relating to this claim extend in this volume from 
page 47 to page 264, and those sent from Lower Canada, beginning at 
page 50, wore transmitted in Milnes' letter of 11th August, 1801 (No. 
67). See Q. 87-1, p. 181.) 



Q. 00 



STATE PAPERS — LOWER CANADA. 



191 



lH(t2. 

Marih 23, 
TiD.uliin. 



April r>, 

Aiiril 7, 
Ijcindon. 



April 2S, 
Treasury. 



May 1, 

Ijoiulon. 



Mav 4. 
Wlut.'liall. 



May 5, 
<!ciu^ral Tost 
( )mc... 



May (■>, 
Ldluloti, 



May 7, 
Whit.-hall. 



May 2(i, 

.Iimi' 1, 

Downinj,' 

Strci't. 



.hiiu'H, 

l^UfllCC. 

.lime 10, 
Londdii. 



.illlM- Hi. 

liOiiddii. 
.lunc -'. 



Thomas Dunn to liobart. Had arrived on Mix months' leave of absence 
for the purpose of settling his public accounts as private concerns. 
Asks for un extension of leave. ' Page 265 

Copy of the leave granted by Milnos. 266 

Attorne}' and Solicitor Gonoi'al report on whether it is necessary to 
issue new commissions for the trial in Canada of marine offences. 267 

Order in Council confirming laws passed in Lower Canada respecting 
the decisory oath, for removing the old walls, &c., of Montreal and for 
establishing Free Schools. 270 

J. H. Addington to Sullivan Transmits application made to the 
Treasury by Prescott, for an allowance to his secretary, Gale, to be 
submitted to liobart. 272 

C-igoodo to liobart. That two years ago he had asked leave to resign 
his office, which was granted, but at the desire of His Majesty he had 
continued in office for a year longer. Ilenev/s his request for leave to 
resign. 273 

Letter of same date on the same subject, addressed to Sullivan, with 
enclosure. 274 

Enclosure. Letter from Portland, dated 20th July, 1800, that his 
resignation was accepted and that he was to have a life annuity of £800 
sterling. 275 

King to Sullivan. Keturns the copy of Portland's letter (p. 275); 
pei ictly recollects the circumstances connected »vith the resig- 
nation. 277 

Postmaster General to liobart. Recommending that Heriot succeed 
Finlay as Superintendent of Mat tres des pastes in Canada. 278 

Enclosed. Application from Heriot to the Postmaster General for the 
office referred to, dated Quebec, 2 1st January, 1802. 280 

Heriot to Milnes, on the same subject, dated 28th December, 

1801. 282 
VV. Tatham to liobart. Offers his services generally and in particular 

in those premises to which the papers enclosed refer. (The corres- 

pondenoi" relates to the culture of hemp.) 283 

Enclosed. Correspondence from 28th February to date. 284 to 287 

King to Sullivan. Transmits letter, with enclosure, from Simcoe in 

favour of Bouchette of Lower Canada, i'nd asks that it be laid before 

liobart. 288 

Enclosed. Letter from Simcoe, dated Wolford Lodge, 2nd Ma\', 

1802. 289 
Letter fi-om Joseph Bouchette, dated Quebec, lOth February, on the 

subject of his appointment. 291 

William Grant to Joseph Taylor, Secretarj' of the Society of Arts, 
respecting the cultivation of hemp. 293 

Hobart to KImsley. That His Majesty has appoi .ce<l him Chief 
Justice of Lower Canada, vacant by the resignation of Osgoode; the 
salary to be increased to £1,500 a year. Milnos instructed to call him 
(Klmsley) to the Executive and Legislative Councils. 298 

Order in Council appointing Klmsley to the Kxecntive Coimcil. 299 
Kyland to Scott (?) That he should obtain from I^on! Hobart a 
specific order for 1,200 acres for himself and for each of his famil3^ 333 
Memorial of Abraham Cuyler. Setting forth his services, and pray- 
ing for the Township of Hommingford or such portion as may be thought 
pro])er, as a provision for his famil}-, six in number. 

Order in Councii appointing Pierre Amable de Bonne a member of 



the Council for Lowi 



anadii 



303 



Description (with illustration, 333«) of the method employed for the 
culture and preparation of hemp, from a })aper prepared bj' John Tay- 
' ■■ ■" ■ 334 to 345 



hlti 



c 



lor and laid before the Lords of Trade 



III' 



% 
I 



i' t' 



uf 






hi? 









.Iiilv •' 
Wllil.lmll. 



.Inly ;to, 

Iiondiiii. 

AiiKi"** ■•. 
TrciiHiiry. 

Au^'ii-i* 1 I, 
WlMtrllMll. 

AiiniiHt Iti, 
London. 



8TATK PAPKRS— I.OWKR CANADA. 



Q. 00 



Antjiist 17, 

t.llU'lxv. 

Antru.st IS, 
liondoM. 



.Si'|itrnil«'i :.', 

tJllI'lMl', 



Sr|iti'nilH'i- !l, 
C'liiiinla. 



OctoliiT IKi, 

( iiMl'ial l'i:.»t. 
OHil'r. 



Xovi'nilxir 2, 
I.UhIk'i'. 



I )ri'('inllt'|- S, 



Lonls of Trado ( Kiiwkoiior, nocrotury), to Sullivan. Traii»niit.(iii^ 
iriimiU>oii (Jalo'HUotitioii rolutivo (o^'raiitH of land in f^owor (Canada. 

I'ai^'o 30 t 

Sir .Iosoi)Ii IJaiiks to Lord (Jlonborvio. DotaiJH of tlio oiiltivation of 
luMnp in various (|U!irt»Ts. '.VI'.] 

Treasury (N. Vansittart) to Sullivan. Sonds rt'cjiiiHilions for station- 
cry lor tlio (/ivil l)o|)artniontof liowor (Canada. ."505 

'holds of Trade to Sullivan. To inform Lord llobart that (lioysoono 
olijoi'tion to (lie Ad, kr., relating to wills in liowor (Jaiuida. ;]0<I 

Thomas Dunn to Sullivan. Transmits memorial for eompensatioii in 
lieu of liie part ot his ostato in (Canada of which ho him boon deprived 
by the treat}' of peaee. H08 

Eni'loscd. Memorial. ."{Ot* 

liOtlcr to Tjadv llervey on tho bubject and I'ospoctin^ his son, dated 

i:!th .Inly. ' ■ ;{i;5 

Stalemeul ot tacts by Dunn, respcctinn' tho seigniory of St. Amand 

on LaUe Champlain. .'n") 

Monk to llobart. Thanks for the angmontation to hissalaiy, ;JIT 

V» . M. Pitt to Sullivan. Uospeeting the i.vraMt to Mathew Scott, and 
iiro'ing that steps may be tal<on to forward tho decision. ."{IS 

Enclosed. I'ownail to IMtt, Sends inforniation respecting Mathew 
Scott's K'l'Mition in Lower Canuda. iJliO 

Lanaudn^re to Jlobart. Ills encouragement to lay his case before llis 
Lordship. Hiid picsented a memorial praying for e.()m])ensation for liis 
los.ses and services dui'ing the invasion ot ITTT), and for the loss of tho 
estates ot his aunt, Mdlle.de Hamsiiy. Refers to Dorchester and others 
for testimony- of his services. Hopes tor St), 111)0 acres, namely 10,<'00 
acres in Dudswell, 1(1 000 in Bury, 10,0(0 in Adstock (Ascot?), 10,000 
in Stanstcad, 10,000 in liarnston, Jind 20,000 in Ditton, would not bo 
considered too much at a time wlu'n from the disalfection of his fellow 
countfymen it re(iuired all tliO most zealous and loyal subject could give 
to preserve this part of His Majesty's American Dominions. ."Mt! 

Memorial (in French). .'>r)- 

Cop3' (in French) of the sei/.nio made of the property of ("harles do 
Lamiudit^re, signed by Mathew Ogdon, by order of Arnold, dated 21st 
November, 177'». •"{•'')'> 

Observations (in French) submitted by Lan:iudi6re to IFobart. IMS 

Copy of ildile. de Ilamsay's iitle. i5(i2 

Flmsiey to llobart. Acknowledges with gratitude his appi»>ntment 
to the otlice ot Chief Justice of Lower Canada. Would have proceeded 
at once to (Juebet', but as he is ono ot a committee to re))rcsent and cor- 
respond with (Jeneral Hnntei' during his absence on military duty, ho 
cannot leave till Hunter's return, which wil! be about the 2r)th. 'M\ 

Freoling to llobart. Semling extra otiicially a copy of (.'harles Long's 
letter to Lord Auckland on the subject of the ajipoinlment of tho Super- 
intendent of J/rti^res </('5 ^w.s^tis by Milnes. .">(!(! 

Enclosed. Chailes Long to Auckland, 22nd October, 1802. That tho 
oflices ot Postmaster (Jeneral and Su|)erintendent of Maitret^ des pastes 
had always been conjoined, and that the appointment should be in the 
hands of the Secietary of Slate. i507 

F. Baby to Dorchester (in French). The condition of the Militia is 
satisfactory U; Milnes, who has notitied him (Baby) that he was 
soliciting irom the Ministry a pcnsiun of E:i!iy in jiurl fovorsible to liis 
wife, on his death. States his services ihr consideration. 373 

Milnes to llobart (No. 40). Has communicated to tho Bishop of 
Quebec, that tho request for Communion j)iii?e, ka., would bo laid before 
the King. Is pleased that his conduct ii; advancing money to enable 



Q. 90 



ST.-.TK I'Al'EllH — LOWBK CANADA. 



11>3 



l«02. 



Di'CI'IIiIh 



r i:i, 



I (irrllllii 



V II. 



I )c'('i'riili('i 
lidiidoii. 



I ti'iTnilMi 
hiiwlish. 



IK, 



7a— 13 



till) (;()rn(niMHii)norH to piocood with the buililinf,^ of Ui»^ chiircli Iiuh licen 
a|)pn)V(i(l ()('. Tiar.HinilH Biiliy'n thmiUH (or His Majonty's bouiitv. 
'IraiiHtnitH u nioio coinsct a( roiiiit(»l' im|(ortH and oxporlH than that Hciit 
ill No. :{7. Tho tolal coli(!c(ioii of (juinft: iiinJ /w/,s ct rentes to lOth 
Oclohor was .C2,.'»7() Hh. Mhall doCer tiirthor roniarUM until tho public 
ac'.countH to .'ilh Jit?iuaiy an; dolivorod in, wlion ho btdioveH a batiHCactory 
statement oi' till) I'rovinciai rovdnuos can be Hont. Pajro U 

Enclosed. Abstract of export-s and imports from 17!>.'!. ;5a 

Milnes to Ilolmrt (No. 41). Semis memorial from tho iiiemberH of 
the Scotch (/'liurcli, Quebec, tor /,'round in L'pjier Town in which to erect 
a church and also to enable them to defray the cost of building; and for 
tho support of ielij,'ious worship. Jhis ^n'anted £50 a year to ti7e Scotch 
Minister at (iuebet^ the Hanie as for tho one at Montreal. Should a 
portion of the (!rown lands bo appropriated for tho use of the Church of 
Scotland in Lower (/'anada, it should bo subject to liie ordinary control 
of the Moard lor the mana^oment of the JJoscrvoK, othei wiso thatCliurcli 
would be placed on a more independent footiiifr thai the I'lstablished 
Ohundi (tho (!liurcli of Mn-rland). Sends also a memorial from Mr. 
IMoHsis. )ri behalf ot tho C'oniLcr<?Kii"'"<n« '!« Notre Dame for a piece of 
land to ^'rocl a church. The members of the Si'otch ('hurcli have been 
allowed the use of one of tho largest rooms in the .losiiit ('ollege (now 
the Mari:icl<s), but that will be given u|) when they have a separate 
building. The grants should be m.-ido of land within the walls of (Quebec. 
Such a grant would rather help than obstruct the union of the( 'hurcli 
of Scotland with the (Jliurch of Kngland. 

Enclosed. Memorial of tho Congiogation of the Chinch of Scotland 
in Quebec for Ijind. The names (IfjOiii all) of tho petitioners are given. S 

I'etition from adeputatioiiof the Congregation, signed by Alex. Spjirk, 
Minister, Adam liymburiier, .lohn Lynd, i'eter Stuart, William firani,' 
.lames Tod, .lohn Mure, .1. HIackwood, Francis Hunter, W. Holmes, .lohi'i 
I'lirss. J-, 

Petition (in Kroiich) by Uov. .1. (). I'iessis, on behalf of the (Jongr^- 
gation do Notre Dame. IS 

.Milncs to llobart (No. 42). lOnclosos Colonel Mann's momorial for a 
grant of laud; his services; the report of Council on his memorial also 
sent. Sends with remarks. Young's memorial, which states the reason 
why ho did not follow up the order in his favour of 2nd .lanuarv, 17!»t;. 

23 
Enclosed. Momorial of Col. (iotlior Mann, 2."> 

iioporl of a Committeo of Council on the same petition of .lolm 

Young. 27, 28 

Uej)orts of Committoo on Harno. ;{1, .'5? 

Attorney and Solicitor (reneral. Ilecommonding fiegislation to enable 

trials of oU'ences committod in the Indian territory to he held in Lower 

;i7i 

-^ - . Has had no answ(^r respecting (Ijini bier's Chief 

.liisticcHliip, ask-s him to communicate Addington's uiiswer. Desires to 
know whether it is Hobart's wish to discourage (he giants of land in 
('anaila or to encourage useful men to go thither. If the former, iie has 
ncdhing to say, if the latter, ho has two or three good men to reconiiuend 
who raiiihl succeed admirably there, who have been otHcerH of merit, 
one CHpecially of taloiitb fit for any purpose; which ho details, yet he 
was reduced t,o the greatest indigence, throMirh no fault ol'hisovvn. The 
other cases are not so deplorable. H' permanont em|)loymenl could bo 
found for him had no doubt his friends couhl raise .£300 or £400. 
Scott's gratitude. Tho Bishop of (iueboc is going t(j ordain him. He, 
luH wile and eight children owe their promised adluenco to Hobart'.s 
bonevolonco. 377 



Canada. 

\V. M. Pitt to 



■»T"IF 



% 



104 

1S(VJ. 

\ip (Int. . 



STATE I'APERS — LOWER CANAnA. 



Q. 90 



List asked for bv 
with tortificato 



Mr. Woddtbrd, of tlio officers, &(•., led bydo Puisaye, 
by W. Windham. Tlio list is endorsed:— 



sifjMod 



"Metnorandum lit. Jl. W. Wiiiiii)nm, Mr. do Puisaye, &c. 
<lenizens. Canada." 



&c. Free 
Pago 369 



IP 




I^^^H : 






t 






Wupl 


i, .. ; 



ISIKt. 

.Iiuiiiary '■ 
• ^•iii'Ihi', 



.laimary 



I'Vliriiarv 



■j 


* "^W 




Ffbi'uarv 


ll 


1 


-1 


i 1 ft 


■I 


I 


41 


FfbiuaiA 
IJowniiiir 

Sirpft. 


■1 


m 




i • 



Lieut. Crov. Mii.nes — 1803. 
Q. 9L 

■>. Miiiu's to ITobart (No. 43). The commission for the trial of marine 

felonies has not yet readied. Has informed the Commissioners for 
building the .Nfetropolitan Chureli at (Jiiebec of the King's intention to 
give Comnuinion plate, etc., and that instructions had been sent to the 
Treasury to provide and forward the same. Asks that a pulpit cloth be 
added. Sends the dimensions of the cloths required. 2 

Enclosed. Dimensions ,)f the cloths required: — Pulpit cloth; length 
3 yards, breadth 1 yard, including fringe. Small desk; length 1 yard, 
breadth ^ yard, including fringe. Front for reading desk ; length 3 
yards, breadth 1 foot, including fringe. Altar cloth; lentrth 3 yards, 
breadth 1 foot, including fringe. " 4 

Milnes to Hobart (No. 44)'. Sends minutes of Council on State busi- 
ness between 28th May and 2!»th August. 5 

Minutes, 28th May, 1802. J^eport respecting the sale of the residue of 
townships in vvliich grants have been made, with journal. 6 

Jieport on the propositions of Philemon Wright on the culture of 
hemp, with journal. I5 

Koport oii the petition ot Alexander Mann, ship builder, for a lease of 
the Ring's Wharf. • 20 

Minutes, 2Tlh July, lleport on proposed advertisement for the .sale 
of waste land, with journal. 22 

The communication of the signature and ratification of the treaty of 
peace laid before the Council, with proclamation for a day of Thanks- 
giving. 24 

Minutes, 11th August. Confirmation by His Majesty of three Acts 
passed during last session, with proposed jiroclamation. "' 28 

2. Milnes to Hoburt (No. 46). The Legislature to meet on the 8th 

instant, has summoned Klmsley and Williams to the Legislative Council, 
but owing to the death of Finlay and absence of others, the number of 
English members in the Province will still bo two less than usual during 
the present session. The "Cureade" has arrived at Halifax, but the 
commission for the trial of .-'urine offences has not yet been 
received. 59 

Same to Portland (No. 45). Sends minutes of Council on Crown 
Lands between 26th July and 11th August. ;{1 

iAlinutes, 26th July. Report on petition, with journal to 7th August. 

32 
(See alphabetical list.) 

I. .lohn Sullivan to Milnes. Asks for Hobarfs information, whether in 
event of an arrangement between rrovornment and Lord Amherst respect- 
ing the Jesuit estates ther'e would be any objection to the seigniory of La 
Prairie do la Madeleine being vested in Amherst on condition of his 
re.>ighiiig, for a consideration, ail pretensions to the other parts of the 
states. Should there bo anv material objection 



lanj 



lany( 



be pointed out to be reserved for the purpose mentioned, if .so describe 
it and state the reasons for recommending the one and objecting to the 



other 



61 



(For date in the margin see answer from Milnes of 3l8t 'May, p. 150.) 



Q. 91 



STATE I'AI'EHS — LOWER CANADA. 



196 



lK(i;i. 

Marcli 1, 



Maivli I, 



Miircli :«•. 



Apiil -Jd, 



7rt- 



.MiliioH If) ll(/biiit (No. 17). Sends copios of speech al the opening ol' 
the Legiwhiture, of the uddreeKen and his answers. Page 62 

Enclosed. Speech ut the openinj; of the Lt'gialatiiie. 63 

Address hj- the Council, 66 

Answer. 68 

Address by the Assembly. 69 

Answer. 72 

Milnes to Hobart (No. 18). Sends miniitos of Council on Crown Lands 
between 12th August and 2nd Fob'-nary. 7;> 

.Minutes. Reports, with journal, of the Committee on Crown Lands. 

74 to 11(J 

(See alpliubctical list.) 

Milnes to llobart (separate and secret). Sends corro8])ondonco relat- 
ing CO Ileriot's demand to beajjpointed to the position of Superintendent 
of the MaUres Jes pastes, in oi'der to meet tlie statements made by him ; 
the correspondence enclosed. 117 

Enclosed. Ileriot's letter fo Milnes, dated 21st March, that the only 
eligible metiiod of convoying the mails was by the use of the post houses ; 
that Taschereau can send no assistance towards this and that the super- 
intendence should bo on his (Ileriot's) hands. A better situation might 
be found for Taschereau. 121 

Another lettei- from lleriot, dated 25th March, on the same subject of 
the transfer of the office of Superintendent from Taschereau to him 
(ileriotj. 123 

Letter from Hci'iot of same date, giving reasons why the couriers 
should not pay the Maitres des pastes the same fare as that allowed for 
ordinary travellers. They are satisfied with the rates allowed. 125 

TlobaVt to Milnes, 1st December, 1802. Hopes that an office with a 
salary equivalent to that of Superintendent of post houses might be 
found for Heriot. 128 

J. Stuart to .Tamos McGill and John Lees, 26th March, 1803, for 
information respecting reported dissatisfaction on the part of the Maitres 
(les pastes. 129 

Answer, same date, that the MaUres des posies were dissatisfied. 
1. Because the}' were not sufficiently paid for the post office couriers, 
who frequently carried an unreasonable weight of baggage. 2. That 
travellers did not employ them when the roads were good, but did so 
when they were bad, and they were obliged to keep horses unemployed 
a considerable part of the year, 130 

lleriot to Milnes, 21st March. Proposes to change the hours for the 
departure of the mail couriers so as to secure greater expedition. The 
New York agent's explanation of the delay in forwarding the British 
mails. 132 

lixtract from the New York agent's letter explaining the delay in 
forwarding mails to Canada, 24th February. 133 

Jas. Stuart to lleriot, 2l8t March. His llJxcelleney has no objection 
to the proposed change in tiio time of the departure of the mails. 134 

Milnes to Hobart (No. 40). Sends speech on proroguing the Legis- 
hiture, with a schedule of the Acts parsed during the session. VVill com- 
ment in a separate dispatch on the Act relating to the Militia. It 
authorizes the Governor to expend £2,500 annually as he shall judge 
expedient towards the formation of an efficient Militia; other and new 
powers are irranted. The Act is limited to four years' duration. Hopea 
it may lay the foundation for an advantageous system. 135 

Enclosed. Speech on prorogation. 137 

Schedule of the Acts passed during the session. 139 

Milnes to Hobart (No. 51). Has continued to advance money for the 
building of the Metropolitan Church, but without authorizing any 

-13Jr 



.m- f,; 


■,J, : ■ 


^H' 


|!i 1 . 


l^^B 


!^■ ' 


■ 


m ' 


% 


HI \'i 



19G 



am. 



Mxy-.U. 



i! 



May ;U. 




• hiiif 1. 



STATE PAPKR8— LOWER CANADA. 



Q. 91 



(ioviution from the original plan which could inoiease the cost Tlie 
CommiNf^ioners have «eiit a Hocond loproNontution that tho fHtimiito has 
falk>n short of what will bo ahwliiloly noeesMary to com |. o tho build- 
in;,'. ThoimposHibilityof making corroct estimate of the.,.. toforcctiiiif 
stono bmldingB -^ t ;- o( .ui .ntorior character owing to the infant state 
o the Colonv. Thu c.u-o !,ukcn by Captain Hole in his sui.crintondenco 
of tho work. p ,^j 

Enclosed. Statement by tho Commisfionors of tho expense already 
incurred in building tho church, with an estimate of the amount still 
required and a description of the building. Their care to keen down 
tlie expense. ' i ..> 

Jk'ylaiid to tho (commissioners. Thoir represontation shall '.c trans- 
mittoU to His Majesty. Tho dit?i, uliy .,i esiimating the cost of lialdin.^"- 
18 convinced that ovory altontion has been paid to restrict the 
expense. j^^ 

Table showing tho actual expenditure and the prospective additional 

*'*'S" ■ .• ^.u u . ^■1'^"' into 141> 

Description of tho church. |-,o 

Millies to IFobart (N"o. 52). Dispatches received. Shall give cuielul 
altention to the eligibility of establiNhing a chartered company for the 
i^ur Trade, but as yot in not prepared to give a decided opinion Had 
communicated to lleriot ihe wish of the Postmaster (ieneral that he 
should co-operate with Taschereau. Iloriot, however, had previously 
taken measures that rendered this unnecessary. There is no hmd with- 
in tho walls of Quebec, for sites for the Scotch Church and for the 
Congregation of Notre Damo, exc.-pt that belonging to the .Jesuit estates 
This site occupied by the Jesuit (Jliurch might bo'given for both as it 
must be pulled down owing to its ruinous condition. The relinquisli.ni; 
of tho rooms in tJK Jesuit Barracks by these two bodies of worshippei's 
seems a reason for granting llicm land on which to erect their respective 
churches. ' ,-, 

Ey land to lleriot. To co-operate with Taschereau in respect to tl'i,- 
post-houses. Ij;., 

An.swer. Plan of Jesuit estates in the City of Quebec. I'lS l.is,' 

Millies to John Sullivan. Asks for new sets ol Mediterranean passes 
hhall give the most serious attention to the question of an arran"-emcnt 
between Government and Lord Amherst respecting tho Jesuit estates 
Has just received accounts from the Coinmissioners of ihcir annual pro! 
duct since they wore taken possession of by rjovernnient, so that lie 
hopes to give his sentiments by next opportunity. Regrds that the 
Canadian oak has not proved of the quality re.juireirby tho naw 
Hopes, however, that Usborne's efforts to establish commerce in this 
and ()thei timber may conduce to the essential increase of the trade of the 
I rovince, (Gentlemen whose Mandamuses are still lying at the Secretary 
of State's office have been informed that they should direct their ajrents 
to applj' for them. ^ 15;, 

Same to Hobart (secret). With papers respecting an apprehended 
attack on the Province. Although ho sees no ground to apprehend anv 
serious attack, yet the unablono.-s of the militarv force may encoura.'-'e 
intriguers. " j7;j 

Enclosed. G. O. Bradford to the Attorney General, dated Montreal 
5th May, that nix or eight mon with commissions from the Kepiiblic of 
France has arrived, havi^ng been lately unier tho command of llumber 
in Irelap'i; tvvo were French, two Scotch, the rest Irisii. Their 



anguage evinced hostility to the British Government. 
Jiyland to John Richardson, J. P. That he is to 



16:{ 
investigate (he 



reports sent by Sullivan, with whom a correspondence muy bo 
opened. -^ ^g^ 



j f|i 



Q. !•! 



STATK I'AI'EBS — I.o * KR C'ANAKA, 



197 



.llllli' to. 



.Iiiiw IH. 



.Intl.- i;i. 



Miiteritil oircurnstancoH stated by i)jiniol Sulliviin of St. John's, 
addresHod to Hyliind, dated MoiitreiJ, 12tli July, 1803. Uopoatin/,' tho 
coiivorsalioiis ho ov('rhoai(l and tht* information he olitainod of the 
d(i>*ignH oC nion who wore fmpioyed l)y the Fretu h < rovemmont to carry 
out intri!,Mies a,i,'ainnt ('ana hi. Two Cmiadianti, I'aillour and >fozi(ireH 
had joiiiod (ho French (dHcers at Concord, Now ILampshiro. Domo ption 
of ilio two Frenciunen Lacroix and Lochsro and of McdinnoH and 
.McDonald, all four hohlin^ conimirisionn from tho French llopublic. 

Pago l(jy 

hxtracL ol ;i letter from John Uichurdson to Ryland, dated Ifitli May, 
that ho had locoivod warninLC from AuMjo to ho on the look-out for 
emlHharios Mut from Franco to (*anada li\ Bonaparte. Two of them aro 
<lo Li'-ry, an otlicor of Fiench aitillory, and Villeray, Canadian born, the 
Inttcr of who will oomo under protoxt of weeing his friends. 170 

.lustice I'aront to ilyland, 24th May, 180,'!. Sends extract of letters from 
I'ranco to show that tho French had the acquisition of Canada as much 
at heart as that of Louisiana. 171 

•Vlilnes to II )bart (No. r)3). Sends i-xomplifications of Acts passed last 
session, of which a schedule and copy of the journilH of the Legislative 
Council are onclosod. The reijulation of the Militia was strongly 
ivcom mended to the Legislature by Lord Dorchester, in 17!)C (p. 223). 
liemarks on the bill as now passed and its etl'eols. Fears it cannot bo 
carried into complete execution whilst the regular military force is not 
more imposing. Tho good effect ol in-viowing the Militia, which he shall 
cohtinuo. Has encouraged the tormation of Volunteer companies, of 
witich thieo ai'e already formed ai Montreal, clothed at their own 
oxjiense; time more are about to offer at Quebec, and one at Three 
Kivers. Hopes by these means that the backwardness to serve may be 
grarhially got thejiei ter of Kefeis to correspondence with Portland in 
1800-1S()1; it may be desirable, after certain progress shall have been 
made, to grant additional pecuniary aid ; in tho meantime, asks for 
authority to receive from His Majesty's stores only such arms as may bo 
warn 3d for the use of the Militia, accoutrements and clothing for 1,200 
men having been alreadj' provided. 174 

Enclosed. Alpbdietical index to the provisions of the Acts ]>is8ed 



peech to the Jjogislature, 



during the late 8e^-lo^. 

Extract from Lord Dorchester's 
November. 1"!I5, respecting the Milit 

Extract finm Portland to Doi'chesi 
same subject. 

Proclamation to give elfect to the liiive Acts, respecting the decisory 
Act, the removing the old walls, &c., of Montreal, and the establishment 



179 
•0th 
223 
ated (Jth January, 1801, on the 

224 



together the I 



Fi'ce Schools reserved and now assented to 

Proclamation formally pror(Ji;uing and callin 
lure. ' ' ' 

.Fourii.ii of the liCgisL.tive Council. 

Milnes to Jlobart (No. 54). The destructive tiie at 
which fifteen houses in the subui ( . were damaged and abou the same 
number were consumed, together with the English ('hurch, thr common 
gaol, a small chapel adjoining, and the l.'oman Catiiolic college. Details 
are giv<'n in a lotier from the magistrates, which he encloses. 206 

Enclosure. Magistrates' leKer <>f Montreal to Ryl^nd date-'- '^ihJune. 



227 

isla- 
229 

2;ii to 235 
ntreal, by 



1803, with details of the tire. 



'X 



•7 



Milne-' to IFobart (No. :>:>). Encloses letter from Isaac Winslow 
Clarke and of the report thereon by Committee of the Council. His 
present claim rests on the ound oflheexpcn-e incurred by him in 
promoting the views of Gove, nnent with regard in the culture of hemp 
in the Province. The small return to be expected from his outlav, in 



■« -.m. 




198 



\mi. 



STATK I'.XI'KIIS — I.DWKR (!ANAI).\. 



(^!•I 



wliicli lu< lind houn oiicouniuod on tuH'oiiiit ot'tlic i-i-ciiiiunciulutiDii to llmi 
oth'c't of (lio Diiko ot I'dilliiiul ; ^^lll(lH oxinul Iroin loMor t(» (IirI otVcct 
udiliKHspd to llin (iraco, iind aUo tioin spct'cli to tho Lcf^iHlaliire. Out 
of .Cl,2il() l/larUo ivooivoil C'JOO to cany on (he cxporiiiu'iit, liiit had linen 
^ladiially Ind on to a niiicli lar^ror i'X|ionHo. SolicitM IIIh ( I racoV ap- 
proval of llio n'C'oinniondalion of tlio Coiincil, that in conHidoiation of 
IiiMoxtrtionM, ClarUd may ol.tain a !j,rHnt of <!ro\vn lands. Mucli ground 
haH h'jon iiropaicd tliiH Hpriiii,' for Mowing licnip, luil it haw boon inipoK- 
Hil)lo to olitain f<i't'd. ,'(()(> 

Endowed. Clarivo to Ifyiand, .'lint July. IHOli, i^ivinif an ai(!onnl of his 
operations in conducting cNperinienIs on the lultrire of honip and the 
cause of tlie largo expense incurred. .'!().'! 

Nolo of exjieiiHOs incurred in lht> cidluro of lienip on various pieces 
of ground in Iho vicinity of Montreal in lS(f|, and for ilrossing tho 
Name, shi)iping for [iondon, gathering and (doansing seed, kv. .'Kid 

Minute of < 'ouncii, 2!Mh April, IS(»;<, recomnteiiding a gi'ant of land to 
Clarke for his expenditure on the culture of hemp. .'idS 

Milnes to Portland, Ktlh August, ISitl, relative to tho culture of hemp 
in llio Province. Had experimonts to hi> made, and had employed 
Clarke for the pur))ose. )l]] 

Hxtract relating to the culture of hemp from speech dolivored bv 
;MiInes to the Logislalure, 11th January, IS(»2. :{l";j 



li 



« ■ 



Al'PI.K'ANTS I'uK liANIlS IN THIS \'(i|,UME. 

(_Tho tigurcs after fho names show the pages.) 

A. — Ahliot. John, 5li ; Adams, Martin, 52: Aigle, Kirman, 1(15; Anise, 
Joseph, 1(15; Alien, Khonezer, 5(i, Nani-y, 7S ; Amlerson, Anthony, 104; 
Annelt, John, 10."!; Austin, Moses, US. 

H. — Maliutv, Christo|)her, 4<i ; IJadger, .lohn, 4.') ; Mangs, JJonhon, lOiJ; 
Bar, Dr. Wni., S5; narnoti, John, !»•_', Wm., !•!' ; Marron, (larret, 101 ; 
Bayard, Nicolas, .'is ; Hoacdi, Slophen, '.'7 ; Heard, Klijah, !»(! ; Heauloau, 
Francois, 105 ; Mohee, Zohe, 100; decker, John, 10"; Meforc, Joso|)h, 105; 
Belair, Louis Plessis, ;{;; ; Hidiefcuille, A. I,., lOS; Memau, Samuel, lOS; 
Ik'st, Knsign llormanus, 8S ; Millings, flliji.h, M,'!; Mingham, y\l)igail, S5, 
Abiier, S5, Smandoy. 85, .leLtoe, 85, .Morey, 85, Naboy, 85; Mlanchard, 

Betor I)., 117; Molton, 42; Bowen, Kdwurd, !l!l ; iJoynlon, bklmuiid, 

S!t, Win., !-!!>; Brimmer, Isabella, 47 ; Brissot, ,'ioseph, 10(i; Hruyi-res, 
|{al])h Henry, .■J7 ; Hrown, Alex., 5(J ; Huike, Catherine, II; Mains, 
James, 75, 7(); Burroughs, Stephen, 1*4; Mush}-, (Jeorge, 10(1. 



C— Callaghaii, Darbv, !»:!; Cameron, Aleximder, ;55; Campbell, Lt. 
Col. John, (widow of) ;iO, Mrs. Jia ('orno. !I0 ; Carlisle, .lolin, ;i5; (Jart- 
wright, John, lU ; Ch.'imberlain, David, 52; Chalioille/.. Louis, 5;{; Chnp- 
dolaine, Henry, 105, Josej)h, 104. .Michel, 105, Pierre, 105; Cheeseman, 
Abijab, .'M; Christie, Sarah, 44; Clarke, Margaret, lltt; Codorie, Pierre, 
105; Coffin, Nathaniel. 80. !)!». Thomas, 88, 10!).; Colegrovo, IJri, 75; 
Collins, Francis, lO(i ; (Jonnell. .lames, 77; Cook, Philip, 75, !tS, Thomas, 

rri \\r . iM\ ji.'i 1 t 111 IB* /^.il . I «i-t4 r^ 1 . • 



dolaine, llenrv, 105, ,losej)h, 104. .Michel, 105, Pierre, 105; Cheeseman, 

Abii;- ■ 

1( 

t^' , ^ , ... , ., - , . 

51. Wm., ;{!•: Cruickshanks, Kobert, 47; Cuthbeit, .lamcu, 104; Cutting, 

(uTsham, 03. 

D. — Dagget, Asa, 52; Dame, Adolphus, 8], Amelia, SI, Armina, 81, 
Augusta, 81, Augustus, 81, lOsthei', 81, Frederick, 81, (ieoige, SO, Supliia. 
81; do Beaujeii, Mde., 82; Dc Bouidicrville, Hon. A. It4; Do Dien)ar,;>7; 
De (Jrey, ^lary Ann, 41; Demarrais, Francois, 107; Desbarafs, .loseph. 

52, 1". Kdward, 80; Devereux. Mary, 5(! ; do Tennaneour, .loscpb .Marie, 
(seo Tonnancour); Dewar, John, 101; Dezery. Charles, 40 ; Dillcnbock, 
ilenry. 75. Philip, 75; i>oty, Rev. John. !'2 ; J)ow, Henry, 40, .lonnlbaii, 



ii.'n 



tiim (o tlitii 

that otVci't 
iiliire. Out 
lit liiui llOt'tl 
(IracoV ap- 
(loiation nf 
iicli ^roiiii'l 
1)0011 iin)i(>h 

;iO(» 

Miiiiit of his 
iii|iaiiil llu' 

:!o;; 
rioiiH pieces 
li'OSHJn^ the 

;iim; 

t of land to 

;!(IS 

ire of lielilp 

1 eiiiployeil 

elivored bv 



Q. i)l 



rt'i'ATE PAI'KHH — I.OWKll (AVADA. 



lf»!> 



I Of); A Mine, 
tlK.iiy, 104; 

oiiium, lO;!; 
Jiiiret, 101 ; 
; Heauloau, 
OHoph, 10;') ; 
amiiol, lOS ; 
Al)if,faii, S5, 

Mlaiichani^ 
II, I'klinuiiil, 
; HruyoioB, 

■II ; Munis, 

iinpbell, Jit. 
1), iif); Cart- 
H, ');{ : Chap- 
(Jlu'esoinan, 
uric, I'icrre, 
vo, IJri, 7."); 
>s, Thomas. 
)4; CuttiiiiT. 

Armina, SI, 
,80, .Supiiiii. 
DiciDar, ;>7 ; 
afs, .loKoph. 
)Hcpli .Marie. 
]Jil Ion beck, 
I, .lonalliaii. 



IHIJH. 



•lit, !•'.»; Dmlly, (iooiliiil^c, '.t7 ; Dumas, NicoiaH, 105; Diiiil-ar, (^ipt. 
Wm., ;t7; l)upi«S, AiiK»»li(|uc, 104, Diiniol, 47, llyp«>li(e St. (ieitrgf, 47 ; 
DiU'liiim, Holomoii, OK. 

H.— KaHtorbrook, Oalob, Oli. 

F. — hiirbaini, .laiiK^H.'iti; Farrar, IFoiiry, ilf) ; FiiHMott, .loiialhaii, 07 ; 
F«irf<UH()ii, John, '4:5 ; Fishor, hunc.an, 02; Fil/.^ibboiiM, .VfarKaiot, KIH, 
107, Fleming, Patrick, 101, 102; Forlunn, \Vm., IIIJ ; FoHtoi, Ceo, Wm.. 
8ft; Foiiboit, Cabricil, 5;$; FraHoi, .lamuw, 77 ; FniMior, .loei, 42 ; Fiedul, 
AlhunaN, son., lOf), Alhanas, jim,, 105; Fullor, Itoubon, 7'.'. 

(i.- (Jatr<5, .lean i}l()., H5; (Jalloway, iJonjatnin, !)1 ; fiirard, Franeoin, 
105; (iiliMon, John, 42; ClaHj^ovv, Col. (Jeoige, 42; Cordon, Alex., 5(1; 



(ioiild, .iaiio. ■'!(> ; (irant, Arehihald, 15, .1 



line 



02: CiiiHH. Charles. 10(! 



Craves, John, 77, Marlhii, 77, Mary, 77, Nancy, 77, llichanl, 77, Wm., 
77; Cray, F<lward VVni., 107, .loiialhan A., :tl» ; Croon, D.iiiiol, !I7 ; 
(ircf^ory, .lohn, 7H, Hd. 

11.— ■|la(l<loii, |{obort,51; Hall, Klihii, 51, Kiioeh. !»3, Jacob, :{7, Jolin, 
:i7, Joseph, ;{7, Nathaniol, 'Xi; Hard, James, 75; Ilalhaway, AllVod, 97; 
Hay, Alexander. 02; lIaycoc;;,Chaiiiisoy,07 , liayn, Philip, 107; llelikor, 
Corir^o, Oil, Henry, !M!, JameH, IMi. .lohn, sen., '.Ml, .lohn, juii., '.Mi, .Mary, 
0(1, {{ohma, 0(i, Win,, 'Mi; llibhard, Aiitcustin, 00; Hill, .lohn, tl; 
JlitohcocU, Kphraim, 50; Holt. Mohch, H.'i, Hi, (Widow), 07, Wm. .lohii- 
ston, K;{; Hunter, Nancy, 40; Hyatt, Aliriihaiii, 57, Cornelius, 57, Cilbert, 
57, 75, ll:(. 

J. — Jack, .lohn, 14; Jeune, Simpnon, 108; Jowoll, Nathaniel, 5o ; .I.iiiaH, 
Lyon, 44. 

K.— Kolly, Joseph, K2; Thomas, HI, HO, Ivor, Jame.s, 41, 44; Kii% 
Cioorge, :!(i, Codfroy, 3»»; Kipp, Samuel, 4:i, 00; Kriin, (ieoi>,'o, 40, 85. 

li.— IjariviiMo, Franvoiw I'., 105, Victor Mte., 105; Larkin. John, 80 ; 
Iiiimontaf,'no, I'icrre, 45, Ml; Lainomeiix, Fraia^ois, 105; Laiii\ John. 42, 
Wm., 74, 04; Laurent. Hypolite, 105; Lay, Amos, jiin.. 11."!; Loe, 
Wm., .'{IJ; jjoonanl, .loci, 75, 7(1; liindsay, Wm.. ;ilt. 40; Linton, Chas., 
108, (icor^e, 107; Loedel, Henry (Siirf,r(.on), '••2; fioi/eaii. Anno, 10:{, 
IJaptiHtis 10."!, l)omini(|iic, 10;{, i''iaiiv"is, 1(»;{, Ilenriette. lo;i. Ivisctto, 
10;{, ljoiii>. 10:t, Mary, lOli; Lord, .leremiah, 50 ; Luck, Richard, tl 



M( 



-.Mel 



ioaii, 



Aiitriis. :m ; Mct.'aliiim, I'eter, ."ll; Mc(;;irtv, Francis, 



102; Mc('iitclieon,.lohn,HO; Mc(iroji;or, Ceorj^o, OC ; Mc.Miliiin. I'liizabeth, 
.S5, Laiichlin, :!5. 

M.— May. Calvin, 70; Mahoii, Andrew, 10:t; Maitland. Wm., 14, 17; 
Maislon, i'llihii, ."iO, Jacob, MO, Jacob, jiin., :J!>, Jeivmiah, ;i!t ;. Martin, 
I'eter, :i4; Mansoii, Wm., :{7 ; Martin," .ionas, 07; .Measuin, Win., I.'5 ; 
.Morriman, Ainasa. 52; Metchlor, Wm. Joseph, iif! ; Merrisliew. .losoph, 
75; Merry, Kulph, 48, 07; Mijrreau, Auf,niHtiii, 02; .Miller, Beiijami 
44; Millar. Ceor(j;t\ HI, James, :i2 ; M "' 



lol 



III, 



5; Motlit, Wm., 57 
.Moraiicy, Toiissain't, 105; MorriH, .Michael, i)0; -Mott, Kphraim. 33 



Jacob. .'!:!. .lohn. :\'.i. .lamos, 33. Richard S. 



Samuel, sen.. 33, Samuel, 



J" 



;3; M. 



Thomas, 44; Mount, Philip, 42; Muirhead, .lohn, 77, 78. 



N. — Ni(diolH, .l(d)ii, 101; Ncvison,'.lohi 

U.— O'Mara, .Malhew. 40; Osborne, John, 40, Josenh, 40. 

P.— Packaril, Jiichard, 50; Panton, Timothy, 03; Paradise. Fli/.abeth, 
40; PiiHloiius, Abraham, 102; Paule, liOiiis, 105; Poasoiy, John, 52, 
Philip, 04; Perron, Pierre, 105; Phillips. Samuel, 43, 7!), Wm., 53 ; 
Pierce, Solomon, 50; I'iiKiuot, An^vliiiuc. Oti, Charlotte, Of!, (loncvieve, 
05, Roiielte, Of!, Ther^so. Ofi ; j'liitt. John, 107; Porter. Asa. 40; 
Po'lovin, Joseph', 105; Powell, Jo.wph, S3, Wm.. 4S : I'owis, Thomas, 
,35; I'ritchard, A/.ariali, 30. 

R.— Riidenhiirst, Amelia, 100, Caroline. 100, Catherine, 100, John, 
100, Nan.'v, 100, Thomas, 100, Wm., 100; b'amago, .robn, 107; Ked- 
sall, Edward. 44; Reiiioldn, Benjamin, SB; Reaume, Amable, 03; lie- 



?00 



STATE PAPERS — LOWER CANADA. 



Q. 91 



\Ho:i. 




ill 



wohlt Margujel 48; Eeynolds, Wm.. 11; liithar-lson, J ,hn, 3',; Robert- 
son, Alex 5h, Col Daniel, 108, John, 56; Eol.inson. John, 84; Eoi, 
Pierre, 105 ;Ro88, Robert, 79; Rousseau, Dominique, 33; Ryan, Denis 36 

b.-Sans-Soucis Antoine, 105 ; Savage, Janies,77, Peter, 77 ; Schieffelin; 
Jacob, 45,_ 46; bcott, Abraham, 95, Aby, 95, Hannah, 95, Mary, 95 
Monne 7o; Seagar Adam, 83, David, 83, Michel, 83, Peterf 83 
belby, George, 37; Sharp, John, 48, Shekleton, Cha3. 0., 88; Shelden 
B 50; Sheppard Wm 49; Shorts, Philip, 55; Shovendon, Francis 
3/ ; Smith, David, 41, John, 47; Soles, Joseph, 54; Solomon, Elias 97 
SoHC, Fran§oi.s, 102; Spooner, Ralph, 34; Stewart,, Rebecca, 96; St 
pnge Charles, 105; St. Ours, Charles, 104; Storm, John P.. 33 ; 
Striithei-s, Jame.', 93, John, 93, Wm., 93 ; Sunholm, Magnus, 46. 
m T^J "'.i"*'^'.' ,^^^' Thompson, Alex, 75; Thomson, Wm., 41; 

ihorn,JoIin 46; Tittlemore, Jacob, 83, John, 83; Tounancour, Joseph 
Mane de, 55. ^ 

IT.— Udell, Mathew, 39. 

v.— Vclerien, Charles, 105 ; Vonden, Velden Wm., 7;' 

W.— Wadleigh, Jesse, 52: AVaggoner, Catherine, I'oi. Christiana, 101, 
Uuinty 101, Elizabeth, 101; Walker, James, 91, Kenneth, 107; Ward 
Daniel, 75 70; Water., Abel, 98; White, Samuel, 77; Whales, John, 97 
Whitlo.k, Capt. John, 90; Wilcox, Stephen, 75; Williams, Providence 
5J; Uintei.^ James Gordon, 39, Obadiah, 39; Woods, Robert, 80. 

TOWNSHIPS. 

A.-Abercromby, 114 116; Acton, 48; Ascott, 57, 75, 7<;, 113; 
Athabasca, 78, 86; Auckland, 30, 43, 97, 114, ' > ' > > 

B.— Bolton, 42 ; Bristol. 43. 115; Buckingham, 113; Bury 77 
114 Tl6 '"'""'' '^'^' ^^' "'^ ' ^''''^*'"'' ^^*' "^ ' Clifton, 40,82: Clinton, 

D. Ditchland, 98 ; Dunham, 96. 

E.— Eardlcy, 114 ; Eaton, 12 ; Ely, 113. 

G. — Gayhurst, 75. 

^ ■^fTFH'r"''- ?'.''.^''' '-^ ' Hemmingford, 35, 81, 82, 86, 93, 101 ; Here- 
ford, 12 : Ilinehiiibiook, 33, ;:(;, 10.' 103 

I.— Ixworth,113. 

K.— Kildaro, 114, 116 ; Kilkenny, 114, 116. 

M.— Maddington, 108; MarBton, 49, 99; Masham, 77; Mel- 
bourne, 99. 

N.— Newport, 12 ; Norfolk, 91. 
O.— Onslow. 114, 116. 
P.— Portland, . -J!', ]03 ; Potion 99. 

R.— Radnor, 88, 109; Rawdon, 37, 102 ; Roxton, 40, 51, 113. 
b - Stanbridge, 88, 89; Stanford, 94, 109; Stan«tead, 50,96,115; 
.ShcHord, 34; Stukely, 12; Sutton, 47, 54, 103. > > > > 

T.— Tl-.etford, 109; Tingwick, 56 ; Ting, 40. 
W.— WakoHeld, 77; Watford, 84 ; Wickham, 39. 




?1 ' 




isij;!. 

•I nil.' i;, 

Sail- Bniit. 



Lieut. Gov. MiLNES— 1803. 
Q. 92. 

Bishop (AnglicaiO of Quebec to Milnes. Sends with reluctance on 
account of the ecclesiastical state of affairs m the Province, not haciuHf 
ho doubts the importance or urgency of the matters to be laid 
before him, but because the time may seem ill chosen, when His 
Majesty « bounty is larf^ely employed in completing u Metropolitan 



Q. 91 



115; 



Q. 02 



STATE PAPERS — LOWER CANADA. 



201 



enforce its decisions, and what 

clerify capable, either by number or authority to main- 
own usefulneys or support the di^mity of" a church 



Church, but he feels impelled to surmount his scruples and submit 
several points of immediate moment. The instructions and other 
documents show the uniform decision to establish the Church of 
England in Canada. This, he need not observe, has been very im- 
perfectly otfected. Considered with respect to the establishment of the 
Church of Eome, the Church of England sinks into a merely 
tolerated sect, with not a shilling of revenue it can call its own, 
without laws t(> control its members or regulate its vestries, 
without provision tor organizing an ecclesiastical court, or 
power to enforce its decisions, and what is worst, without 
a body of 
tain their 

establishment. Is aware that local "laws, &c., must bo" looked for from 
the Provincial Parliament ,but as at present constituted, the Church of 
England must not expect any material assistance from it, unless it be 
first raised from its present depression and derive from the proper 
authority the weight which can alone give it its constitutional projwn- 
derance as the established religion of the country. Wishes to have it 
determined :— -1. \yhother the church now building in Quebec, be a metro- 
politan or merely a parochial church, and be left without a chapter, or 
some portion of the dignity which should constitute its appropriate 
character? If a parochial church merely, whether the intention of 
establiKhing the Church of P^ngland in Canada and of supporting a 
Bishop's see will not be totally abandoned. The advantages of this 
establishment, which would extend not merely to Protestants of Lower 
butalsoto those of I'^pper Canada. The majority in both Provinces are 
dissenters. An effectual and respectable establishment would go v.onr 
to unite them ail within its pale. He would say nothing of its religious 
benefits, but the ])olitical advantages would be incalculable. Another 
advantage would be the facilitating of the supply of clergy for reasons 
given. The salaries of the Eeetors of Quebec and Monti eal are too low, 
never having been increased since first fixed, although the necessaries of 
life cost three times what they did then, now £200 a year is very inade- 
quate to the support of a respectable I'ank in society in these cities, with 
so many demands for charit}', ki-. At Three Rivers, the salary being 
the same as in Quebec and .Montreal is enough at pi'csent, but that at 
William Henry (£100) is certainly too low. There is next the want ot 
Jurisdiction in the Bishop, instances lieing given of the evils of this. 
Suggests that a corporation conei. ting of the Bishoj), the Dean and 
chai)ter and other clergy should be constituted for the management of 
the Clergy Reserves, the income to be at the disposition of theCovernor 
and Council of each Province, and that the Bishop and chapter should 
be endowed with a portion of the Crown Lands. Vindicates his 
motives for the a])piicati()n, afler the ample provision ahead v made for 
the support of a Protestant clergy, the prospect of a revenue from the 
reserved lands is yet entirely- future, and that as it increases it would 
not augment the income of any individual. Ilefors to successive acts for 
erecting the Provinces into a Bishop's see, to be called the Bisho|»ric of 
Quebec, at the .same time forbidding the assumption of the title of Bishop 
or the exercise of any episcopal or vicarial ])ip\vers within the Province, 
by any person professing the religion of the Church of JJome, except 
such as are ncces'^ury foi' the \'tve exercise of that religion, and thatonlj' 
by license from the Governor. But the Superintendeiit of thoCiuirch of 
Rome is in the enjoyment of all the })ower and privileges of episcopal 
authoiily uniicr which ho visits not only thi.-. Province or thatoi' Ui»por 
Canada, liut the Provinces of Nova Scotia and New Brunswick, umler 
the imr.iediale sanction of the Pope's bull. His assumption of the title of 
Bishoj)of Quebec. If publicly acknowlelged what becomes of the diocese 



I 



202 



STATE PAPERS — f.OWER CANADA. 



Q. 92 



Q. 



hi 



r'i! 



^1* 



m 






till 

r. 



'''I m 



- ^* 

■■ 7. 5 



isn:i. 



.luiic L'l. 



.limil'L'. 

I. Mlcl )!■.•. 



.iuii.'-M. 
<^ll('l«'f. 



proposed to bo established ? The solecism and danger of two dioceses of 
ditt'orent religions with the same name. The continuance of this state 
of things would bo the virtual acknowledgment of the Pope's Bishop 
and a contravention of the hiws and constitution of the country, to per- 
petuate the law of error and to grant an indulgence to the (.Janadians 
more injurious to themselves thnn even to the English inhabitants. 
Beseeches that he may not be considered under the inHuence of an into- 
lerant and uncharitable spirit but attached to the Church of England, it 
is his bounden duty to watch over her interests, and unless both the 
positive and relative situations of the Church of England be radically 
changed all reasonable hope of maintaining the establishment of that 
Church will bo irrevocably lost, and the Roman Catholic religion to all 
intents and purposes the established religion of the country. P""e 25.^ 
Enclosed. Appendix A. — That there are 1,300,000 acres now under 
patent and 2,000,000 will probably soon be added, so that it was evident that 
at no distant period the Protestants in the Province would outnumber 
the Papists. The population of Upper Canada is now 60,000 or S0,000, 
with un annual influ.x of 500 families. 271 

B, — Respecting the title assumed or attributed to the Bishop of Que- 
bec, with instances of the title being applied. 272 
C. — Title of collection of the Epistles and (xospols, the approbation 
signed by the Bishop, with the title '^Approbation de Monseij/netw, t'illus- 
" trissime, reverendissime Pierre Denaut, Eveque de Qu6bec." 274 
D. — Titles of religious works A I'usage du diocese de Quibec. 274 
Milnes to .Sullivan (No. 2). Gives his opinion respecting the arrange- 
ment between Government and Amherst on the subject of the .Jesuit 
estates. Encloses report made by the Commissioners for their manage- 
ment, abstract of the accounts of the agents, from the IGth Jul}*, 1800, to 
1st April, 1803, and memoi'andum of the produce of the estates for that 
period. From these it appears tliat the produce of the seigniory of La 
Prairie do la Madeleine for one year is £(i,i7 KJs, od„ more than double 
of all the rest put together, the net average produce of all the estates is 
£968 lOs. 4d., deducting the expenditure which will in time not be so 
considerable and when more lands are conceded and mills put in better 
repair the estates will rise in value. If it is intendetl to provide a fund 
for public education, the residue, after deducting La I'rairie will not 
prove adequate. lEe believes, therefore, it would not be advisable to 
make a division of the projierty, but if the estates are to Itecome the 
properly of Lor<l Amherst, an established annual sum may be apjiro- 
priated by (iovernment as a ibundation for a j)ublie seminary, the 
importance of which in policy and otherwise, ho has freiiuenlly stated. 2 
Enclosed. A. — Report from the Commissioner for ilu' Jesuits' 
estates. 5 
B. — Abstract of the Agents' accounts. 9 
C. — Meinorandum of the produce for three years. 10 
Milnes to Ilobart (No. .')6). Sends memorial from Dunn, applying fdr 
leave to resign and for a pension. Recommends that the ap])li('iiii')n be 
granted. Uutui pioposes to remain for one or two years longci'. Imt 
desires to have a decision to enable him to make arrangements. 11 
Enclosed. .Memoiiai from Thomas Dunn. 13 
Milnes to Ilobart (seeret). Had received circular with messages sent 
to Parliament and a Idiesses in rc))ly. Should war with France be 
renewed, he shall take steps to have the Alien Bill revived by calling 
the Legislature together, urging them to renew that ,\et and the Act for 
the preservation ol His Majesty's Governniont. the morr imijortant on 
account of the reporteil introdnetion of spies. Shall in le meantime 
suspend taking any material steps towards raising the Militia. Believes 
that the Canadians are much more reconciled td the British Government 



.Tin 



,rui 

.lui 

• "IK 



Q. 92 



iioceses of 
' this state 
o's Bishop 
•y, to per- 
(Janadians 
ihabitantH. 
of an into- 
Iiigland, it 
s both the 
i radically 
Jilt of that 
s^ion to all 
P—e 253 
low under 
adent that 
ntnumhei- 
or S0,000, 

271 
op of Qiie- 

272 
)probatiou 
eur, I'illus- 

274 

274 
arrange- 
thf Jesuit 
r manage- 
ly, 1800, to 
es for that 
iory of La 
lan double 
> estates is 
not be so 
t in better 
idc a fund 
! will not 
Ivisable to 
3Conie the 
be appr(»- 
nary, the 
r slated. 2 
• Jesuits' 
5 
9 
10 
iilviiiij' fdi' 
icntioii lie 
onger, Imt 
^. ' 11 

i;] 

(sages sent 
i''ranee be 
by calling 
Jio Act for 
)ortaiit on 
nieanlime 
, Believes 
jvernuienl 



Q. 92 

1.S03. 



STATE PAPERS — LOWER CANADA. 



203 



.Tunc .SO, 
•duel Iff. 



Jimi';f(i, 

.lulll' »i. 



than at at any former period, and has no doubt that when the Militia Act 
is carried into etfect it will be the means of increasing their confidence 
and of forming a connection between the Executive power and the bulk 
of the people, but it would bo hazardous to make a material change 
except in time of profound peace, especially now when the military force 
is 60 inconsiderable, not exceeding 1,000 men. How the force is distri- 
buted. In the event of war with the States, does not doubt but that the 
Canadians would turn out against the enemy, but against the French it 
might he ditferent. The navigation of the St. Lawrence has been pro- 
bably a security hitherto, but sue! an attempt on the part of the present 
rulers of France is more to be expected; besides the interruption 'o 
trade, the value of military stores in Quebec, upwards of a million 
sterling, would be an object, and it is probable thoj' are informed of this 
and of the incjonsiderable garrison. Pago 16 

Milnes to Hobart (No. 57). Sends minutes of Council on State busi- 
ness, between 30th August, 1802, and 17th February, 1803. 20 

ilinutes, 30th August. Report, with journal, of Committee on the 
petition of Isaac McCalluni ami others, respecting properties in Quebec. 21 

Report on Public Accounts, beginning llih October, 1801, with 
journ.als and details. 24 to (J7 

Minutes, 2nd October. Mandamus in favour of De Bonne presented, 
when he took the oaths as an Executive Councillor and as a Judge in 
the Court of Aj)peal. G8 

Proposed instrument appointing Commissioners for removing the old 
wails of Montreal, ordered to bo engrossed. 09 

Minutes, 12th October. Case of George Perrell, a seaman, confined 
for niuulcr, referred to a committee. 60 

Three negroes reported to be also confined on the charge of being 
accessories. 70 

I)is])atcb, with minutes, from the Lords of Trade respecting Gale's 
petition. . 70 

Minutes, 2()th October. Ro])ort of Committee on the case of George 
Perrell, a seaman confined for murde.'. 75 

.Minutes, 2i>tli October. Chief Justice Elmsloy took the oaths and his 
seat as member of the Executive Council, and also the oatlis as a Judge 
of the Court of Appeal. 79 

Minutes, !)th November-. List of debts due to the late lessees of the 
King's jiosts ordered lo be lodged of record. 81 

Millies to Hobart (No. 5H). Sends minutes of Council on State busi- 
ness between I8tr February and 2ii.i March. S3 

Same to same (No. 59). Sends foui' reports and other documents, 
explaining the occurrences, which have given rise to the new regula- 
tions respecting mntalion fines. The large increase in the revenue from 
this source, and the w.ini of a check on the collection have led to errors 
and onii.ssion*^, in sontt- instances prejudicial to the revenue, in others to 
the collector liiinsclf Report by (Jouncil on tlie remedy. Objections 
made by the Receiver (Jeneral to his (Milnes'j interterence respecting 
the inulation tines, the objection being founded on the instructions in 
his commission (quoted). The acts of grace in the remission of fines 
being direct from the Crown should come directly from the person 
administering the Government, as Mis Majesty's representative. Had 
referred the subject to the Attorney General and transmits his re))ort. 
Report of the Council in consequence of observalions on the subject by 
('otfin, Inspector of Public Accounts, referring to tlio want of documents 
to check tiie Receiver General's account of mutation fines. The Council 
reported that the power of ascertaining in the first instance the mutation 
tines should be invested in the Inspector of the King's domain, and that 
the acts of grace slauild proceed from the person administei ing the 

u 






;' I 



204 



1803. 



!l, 





r 












^ y^ 










■■ 

^^B 


t. (' 





.Tuly 1, 

< ^lU'l Iff. 



.Inly 1, 



.Tilly ■), 
• Juf'ljet'. 



STATE PAPERS — LOWER CANADA. 



Q. 92 



Government. The situation of the Inspector having lately become 
vacant, had annexed it to that of the greffler of the papier terrier 
(regibtrar of the land roll, or land registraV). The propriety of uniting 
the two offices. Had ordered the Receiver General to communicate 
with the new officer, Mr. Plante. Sends various documents and 
explanations of transactions connected with mutation fines, &c. Page 84 
Enclosed. Schedule of papers. 99 

A. — Repoi-t of Committee, with remarks of the Inspector of Public 
Accounts on the Eeceiver General's statement, his answer and the In- 
spector's letter. 101 to 108 
B.— Attorney General's report, 28th December, 1802. 109 to 114 
0. — Instructions to the Inspector of Ihe King's domain, 10th May, 
1803. 115 to 117 
D. — Inspector of Public Accounts, 7th May. 118 
E. — Extract. Lieut. Governor's salary to the Eeceiver General, 17th 
May. 119 
F. — Eeport of Committee of Council, 2l8t May. 120,121 
G. — Inspector of Public Accounts to Lieut. Governor, 9tli June, 
1803. 122 to 124 
H. — Eeport of Committee, 11th June. 125 
I (1). — Eeceiver General to Lieut. Governor, 16th June. 126 to 130 
I (2). — Same to same, 22nd June. 131 to 133 
K. — Eeport of Committee, 23rd .'une. 134 to 187 
L, — Memorial from Eeceiver General to Treasury, 16th May. 

138 to 141 
M. — Attorney General to Lieut. Governor, 26th June. 142 to 145 

N.— Eeport from Attorney General, 20th June. 146 to 148 

O. — Inspector of Public Accounts to Lieut. Governor, 12th March. 

149 to 158 
Milnes to Hobart (No. 60). Sends proposed bills to secure titles to 
hinds, when the property has descended, or been transftri-cd to bond 
fide purchasers before any grants issued. The ([uestion of the hiw 
art'octing descent and dower, the Chief Justice thought should first bo 
settled, namely, whether those arising fVom lands lield in free and common 
soccage were to be governed by the laws of England oi those of Canada, 
before the proposed bill should bo brought forward. Had referred the 
question to the Judges of the King's Bench in Quebec and Montreal, five 
of whom are of omnion that questions respecting lands so granted are 
governed by the laws of Canada. From the want of unanimity, has 
transmitted their opinions, to bo submitted to the Law Officers or other 
competent authority. In the meantime, the bill shall stand over. 159 
Enclosed. Opinion of Chief Justice Sewell and Justices Dunn and 
Williams, on the question whether lands granted in fee and common 
soccage will be governed in respect to descent and ilower by the laws of 
England or those of Canada ; the lands they hold to be governed by the 
laws of England. ' Ki] 

Opinion of Chief Justice Monk and Justice Panet, that the law of 
Canada governs the descent, &c., of such lands. 171 

Opinion of De Bonne, similar to that immediately preceding. 175 

Opinion of Ogden, that the laws of Canada do not govern the descent, 
&c., of such lands. 182 

Opinion of Davidson, that the laws of I'Jiigland govern. 196 

Milnes to Hobart (No. 61). Has granted the Chief Justice leave to 
go to Englanv). The settlement of his affairs may be the means of in- 
suring to the province the advantage of his future services. 203 
Enclosed. l^imsie_v to Milnes, 6th June, lor leave of absence. 204 
Milnes to Hobart TNo. 62). Sends report of Council respecting the 
appropriation of Crown lands or their revenues for the foundation 

K 



Q. 95 



175 
i det^ceiit, 

182 

hk; 

leave to 

ns of iii- 

203 

20i 

iclinu- tho 

)iiiidalioii 



Q. 92 

l.SOH. 



STATE 1-AI'ERS— LOWER CANADA. 



205 






August, 1: 



Aui4iist 1.': 



AilK'Ust l.">. 
',Mii'liiv. 



Si'iitfinhci' II, 

Dii.viiiiiK' 

Stifcl. 



""ro *o"e7'"^"* of «chool«, &c. Hecommends the adoption of the plan 

Mclosed. Extract of letter from Portland, 12th .JnW^mi 
reHpocting provisions for education in Lower Canada T? 

lieport of Council on the extent of lands that should be appropriated 
for the endowment of schools, &c. "pptupnaiea 

ihfxT- % ^^''^''''^ S^^^-J'^)- ^^""^ '-^^^i^^d no communication from 
the Admiralty respecting the issue of letters of marque ; has referred 
the question to he Attorney General. On receiving news of he 
resumption ot hostilities had called the Legislature together. Enc oses 
copies of the speech and addresses of the two Houses which met 
yesterday. The excellent disposition of both Houses ' ™5 

cfZiZ ^*'«''"^:^ General's report respecting the issue of lett'ers 

Lieut. Governor's speech on the opening of the Legislature 229 

Address frora the Legislative Council. 901 

Answer. -^^ 

Address from the Assembly. oq^ 

Answer. ^^* 

da?i!C 'l'^^^^"' ^f "" r M^- P^r%"^«^l th« Legislature on the ..revival 
day after assonting to bills noted in the 'schedule. Sends copy of his 
speech. The Alien bill and that for the preservation of His Maiesty's 
Govornment were passed with alacrity and a more loyal spirit u^is 
never manifested Alarming tires in Montreal, believed fo be designed 
and notaecidental At the desire of the Magistrates a proclamatiof luis 
been issued with he object ot discovering the incendiary or in.ondiarics 
o terii^g a reward of £500, besides what hts been' offered by be 
.Magistrates. •' .,"^ 

sesSon''^^''" ''^'■^*'''"'° ""^ ^^^■' (^■''"'' '" •■"•mber) passed during the 

Speech from the Lieut. GoveriDr .if, 

inSi^y fi,^;!.''' '"' ^^"""''''' '^'"'''^ ^'^' ^^"S"^t. respecting supposed 

Proclamation offering a reward f<,r the discovery of incendiaries. 245 

Abstract, dated Htb August, describing additional alariu of tire •>17 

Mines to Hobart (No. (]5). Transmits letter from the Bishop 

tSt rl "" Q;^ebec respeccing the situation of ecclesiastical affairs in 

i?lo to T' f^/^'^''""- ■«•"]«"' '''"J' ^"^"^he subject as to leave 

vmtl^m T' ^ "' " ' '"•fJ""^ *" lli«^ :.I.'ijosty's determination 

would consider it unnecessary to do more than transmit the statement 

Owing to the high character of the Bishop recommends his application! 

(The enclosure of Gtli .Tune, calendared at its date) "'^^ 

Same to 8.une (No. GO), Forwards inemoriai from the Marouis 

perfSlyVr,rrep\'^^ '''' '''^''*'*^^"''" '" the Province has been 

J^ncHed Memo-ial (in French) from the Marquis Dnbarail, statiJJ 

arta? I f- I u '.V-"r<'''" ''""'"f ^'"'"' Gaudalonpe, his services when 
attact.cd t, -ho British loroes and asks employment or subsistence. 280 

l""i.'' -' :\,^f ''"♦^^" (^"- !•'). Sends authority to the Council to make i 
grant of 00.. acres to Gother Mann. The onlerof half a town^ddn t5 
^ oung and associates .s not to be acted upon, but he may receive as favour- 
able a grant as the regulations will admit. The site Z which the Jesuit 
Oliurch stands to be granted to the member, of the Scotch Church end 
the Congregan.stos of Notre !);>,„.,. The nec.,..ify for cautiop in can v 
ing '.nto ..ttect the provisions of the Militia Act, but as it becomes under- 
TrJr ? ♦^".'"e^n/ of increasing the confidence of the Canadians 
in Government. The attontion he (Milnes) has given to the subiect will 




Vi 



\\ 







206 



1,<M.I3. 



Se|«tiliilii 
iMiintital 



STATE I'APKIIS — LdWKR CANADA. 



Q. 92 



cuuIjIo him to jiidffe of the proper period for brin-i;ing forwaid tlie moiiHure. 
lie in authorized to receive from His Majesty'rt magazines at Quebec 
the arms necessary for the Militia. The establishment of volunteer 
corps equipped at' tiieir own expense may l)e of advantage if proper 
care be tulvcn in the selection of officers and admission of none but 
responsible ))er8on8; thay must not l»o multiplied without caution. 
The vecommendation of quarter of a lownship to Isaac W. Clarice 
for his expenses in the culture of iienip nas been approved. Has 
no doubt that insiructions will be sent by the Treasury to the Ke- 
ceivor General in re;<pcct to mutation fines. The question as to whether 
lands in free and ,i;iinmon soccage are to be governed, in respect todescent 
and dower, by the laws of England or ot Canada has boon referred to the 
Law Offlcers'of the Crown. Sends copy of Act extending the powers of 
the Coui-ts in Lower and Uppev Canada to the trial of persons charged 
with crimes in parts not considered within their jurisdiction. Ilis Majesty 
has consented that appropriations of land may be made for the establish- 
uiont of a seminarv nl Quebec and another at Montreal. Kago 218 

Milnes to Sullivan. Transmits a paper to be laid before Hobart, 
received from the g-jntlemen at the head of the North-West Co., 
which has succeeded in opening a communication with the North-West 
through British territory, so that the traders are no longer compelled 
to carry theii' peltry through any part of the United States, so that a 
source' of misunderstanding will l)e removed. The new North-West 
Company, consistiflg of Sir Alexander Mackenzie and others have also 
opened a communication by cutting a road in a line nearly parallel to the 
canal made by the old con'ipany. llcccmmends McGillivray, a member 
of the first company, who is going to England, and can give lull 
information respecting this important branch of trade. Calls atten- 
tion to the promise of Hobart, to erect a competent tribunal for the 
trial of ottences committed in the Indian territory, without the limits 
of the two Canadas. 283 

Enclosed. Report by .McTavish, Frobisher & Co., dated 1st Septem- 
ber. 1803. The line to the North-Wesl, established by the treaty of 
1783, compelled ti'aders to go as far as Lake of the Woods as United 
States territories, jyarticularly at the Grand Portage and on the Sti'aits 
of St. Mary. The formation of the North-West Company, in the 
winter of 1783-4 ; their explorations under the sanction of llaldimand, 
of the route bv Lake Nipigon, which was found to be too circuitous and 
difficult. Until 17'.M), the North-West Company remained unmolested 
at the Grand Portage, but after the cession, in consequence of duties, 
Ac, imposed by the Ilnited States, it became necessary to open up 
con'imunications witli the Norih-West, through British territory. A 
survey was. therefore, made on the north side and a canal built for boats 
between Lakes Huron and Superior, with the impediment of only one 
lock. Before the change of the general place of rendezv.us to bring it 
within British territory, several voyages were undertaken by the agents 
and partners to explore the country, and the routo finally determined 
on in the summer of 1802. Men have been employed making roails, 
kc. and the business is now carried on with much greater ease than by 
the Grand Portage. The new establishment lies about 50 miles north- 
east of the Grand Portage, at the mouth of the Knministiquia, which 
falls into Thunder I3av on Lake Superior. The river at the fort is threi> 
fathoms deep at the banks, 200 yards across. The French had a small 
station near the spot, but they never made it a road of communication 
to prevent broils with the Indians. The Company, with the approba- 
tion of the Governor of Upper Canada, i)urchasecl in tiie year 17^8 from 
them the lands to the north of St. Mary's, and iit the mouth of the 
Xaministiquia, but Government has not yet confirmed tliesc grants, 



■Q. 92 



STATE I'APKRS — l,OWEB CANADA. 



20< 



1S(I.'(, 



Olt.llHT 1,S, 



OctiiUr IS, 

< >UclllC'. 



Viifra 286 

Sends requisition for goods t'oi' ])resents 

291 
292 
SoikIs ininutos on State Ijiisincss from 
and on Crown Lands from 24tii 

^^95 



notwithstaniling ihe exertions of Simcoe. The advantages of the new- 
route arc tiius stated:— "To render the North-West trade perfectly 
" independent of the Americans, hoing far removed within our own 
" territory. It avoids the great expense attending the transport of 
" goods across the Gi-and Portage, as the carrying places by this route 
" are not longer than by the old route, leaving out the (irand Portage 
" entirely, which is nine n ilos long. There are fewer lakes, conse- 
" quently the canoes will be less subject to stoppage from hit^h winds. 
" The country is more fertile in soil and richer in animals ; and \\ ;hal 
" much mor'c agreeable to the traveller. It falls into the (jld rrack in 
" Lac do la Croix, near Lac de la Pluie, about :jOO miles from Lake 
" Suporicw, and Mont''eal canoos can bo made to navigate it, n thing 
" impossible by the old road." 

Milnes to llobart (No. (i7). 
to the Indians. 

Enclosed. Requisition. 

-Milnes to Hobart (No. (i8). 
28rd March to the i;Uh Septembei 
March to 29th July. 

Minutes, 23rd .March. Report on the seizure a; St. .lolm's of two 
sleiu'h loads of goods brought in by Matliew Nurss and .loliii White, 
citizens of Vermont, and on goods brought towards Montreal by Mashir 
Martin. ' 207 

iieport on petition of .lames Tod respecting a lot in L')wer Town, 
Quebec. 299 

On petition respecting part of the breach in Lower Town, and petition 
in opposition by citizens of Quebec. 299 

Further concerning goods belonging to Nurss and White. 301 

Eeport on petition by Philemon Wright foi- the gmnt of Kettle 
Island. -JO] 

Minutes, 29tb Api'il. Report on the petition of Simon Mc'i avish and 
other lessees of the King's Posts. 304 

Eeport on the petition of I. W. Clarke respecting the expense liicui'red 
by him in the culture of hemp. ;jO(; 

Minutes, lOtli May. Report on two petitions fmm .losepli I'apineau 
respecting the seigniory of le Petite .Martin. 308 

Minutes, loth .lune, Report on the preservation of plans in the 
Surveyor (ieneral's. ;>10 

Rej)ort of the Commissioners for I'emoving the wall-, \'c., at 
Montreal. 312 

Minutes, 27th June. Report on a letter from the Inspector of 
Provincial Accounts, respecting the Aceounts ot the iieceiver 
General. 315 

Eeport of the Committee on Crown and Clergy Eeserves. 319 

Eeport of the Attorney flenoral on the erection of a parsonage or 
rectory tor the parish of Quebec. .320 

Eeport on Crown and Cloi y Eeserves. 321 

The Attorney General to prepare an insti'unient erecting a rectorv at 



Quebec 

Also form of letters ])atent for Crown lands sold at 
auction. 

Eeport on letters from the Receiver General. 

Eeport respecting the further sale of waste lands. 

Report respecting schools, ki.'. 

Order for tno scizu 



326 
public 
327 
327 
331 
334 



■ian Republic, 
Minutes, 29th June. Eeport respecting mutation tines. 
Minutes, .''ith August. I''urther respecting mutation fines. 



longing to the French or Hata- 

342 
344 
346 



. .■ 




.1 



October !(■ 



1H04. 

.lamiary 
Dnuiiiiif.' 

Sti-ct't. 



STATE PAPERS — I.KWER CANADA, 



Q. 92 



Minutos, lOtli August. Additional respecting mutation fines. Pago ','Al 

Letter respecting tlio late tiros at Montreal. H51 

Minutes, 13th August. Order in Council respecting aliens. 362 

Minutes, 13th September. List of French emigrants in the 
Province. ;>55 

Report on the same, French ecclesiastics permitted to remain. 

35C, 357 

Minutes, on Crown Lands, 29th April. Report on the petition of Dr. 
(reorge Longmore for lands in Hinchinhrook. 359 

Minutes, 10th May. Report on the township of Hull to bo considered 
after the rolurn of survey. 361 

Report on the township of King. . 362 

(For names see alphabetical list.) 

Minutes, 15th Maj'. Report on the claims of discliargcd soldiors, that 
Ithcy be not entertained and that any who have valid claims must appear 
[individually. 365 

(For other names see alphabetical list.) 

Minutes, 25th May. Report on petition of Frangois Annance. 367 

Minutes, 1st June. Report on the petition of claimants in Potton. 369 

(For names see alphabetical list.) 

Minutes, 27th June. Report on the township of Farnham. 373 

Minutes, 19th July. Report on petitions, with journals of pro- 
leetlings. 375 

(Kor names see alphabetical list.) 

Minutes, 29th July. Report on petitions from Mathew ScOtt and 
others. 373 

Milnos to Hobart (No. 69). Sends Naval Officer's returns of vessels 
entered and cleared at Quebec, between 5th July, 1802, and Hth .Fan- 
uary, 1803. . 3S1 

Returns. 382 to 390 

Hobart to Milnes (separate). After considering the important topics 
in the communication of the Bishop of Quebec, and with ovorv dispo- 
sition to pay due attention to bis suggestions it is not thought expedient to 
agitato questions which might oxcite ditferences between the beads of 
the Protestant and Roman Catholic Churches. It is desirable that he 
(Milnes) should point out to the Bishops the jiropriety of abstaining 
from acts that might cause irritation in the minds of the cbn-g}- or of 
the persons professing the religion they respectively superintend. The 
Catholic Bishop should be informed of the impropriety of assuming 
new titles or additional powers, and that it is expected such should not 
be persevered in, if any have been recently taken up. The French emi- 
grant priests sliould understand that they are only here on sufferance 
and that the indulgence shown them is liable to be withdrawn, if thoy 
show themselves undeserving of it. The importance of inviting all 
Protestant dissenters within the pale of the Church of Plngland. The 
policy of fixing the seat of the Protestant Church in Upper Canada to 
Dt considered. Desires him to send a return of the incomes of the livings 
in Lower Canada, with details. Desires additional information on the 
subject of bis dispatch to Portland of the 1st November, 1800. The 
plan for the establishment and endowment of an extensive institution 
for education, by the erection of seminaries in Quebec and Montreal 
will tend to promote the objects recommended by the Bishop of Quebec. 
It seems desirable to postpone the consideration of other matters he 
represents as highly interesting to the Protestant Church establishment, 
until a more favourable opportunity. 275 



Q. 92 



!. Page 347 
351 
352 

8 in the 
:!55 

naiii. 
.■J5tj, 357 

tion of Dr. 
359 

considered 
361 
362 

lilicrs, thiit 

lUSt :ippear 

365 

nee. 367 
Potton. 36H 



Q. 92 



tH03. 



lis of 



.>(3 
pro- 
375 



Scott and 

378 

s of vessels 

d nth Jan- 

3S1 

;!82 to 390 
■titnt t(i]iics 
very dispo- 
xpedientto 
10 heads of 
ble that he 

iibrttuining 
ilcrg}' or of 
tend. The 
f assuming 

should not 
'rench erai- 

sufterance 
vn, if they 
nviting all 
land. The 

Canada to 

the livings 
ion on iho 
1800. The 

in8titutioii 
il Montreal 
of Quebec, 
matters he 
iblishment, 
275 



STATE PAPERS— LOWER CANADA. 



Applicants for Lands in this Volume. 



209 



It 



(The figures after the names show the pages.) 

A. — Able, Henry, 370; Annanco, Franfois, 367. 

B.— Baldwin, Ileth, 373, 374; Barron, Garret, 370; Beman, Samuel, 
307; Berry, Father, 366 ; Bowen, Kdward, 369; Brevort, HIeanor, 370 ; 
Brewer, Jeremiah, 370; Bridekirk, Wm., 376, 378 ; Brisbain, James, 370, 
Joseph, 370, Patrick, 370, Samuel, 370, Wm., jun., 370; Brown, 
Edward, 370, Wm., 370; Biumley, Bethnel, 370; Brunson, Ale.v., 370, 
Daniel, 370, James, 370, J. Lewis, 370, Martin, 370, Mary, 370 ; Bryant, 
Isaac, 370, Leslie, 370 ; Burke, Catherine, 363. Tobias, 363. Wm., 363; 
Burton, Joseph, 370; Butcher, Thomas, 370. 

C.—Cameron, Duncan, 370; Campbell, James, 370; Christie, Sarah, 
363 ; Church, Henry, 370, John, 370 ; Clarke, Isaac Winslow, 306; Coffin 
Nathaniel, 369 ; Cutting, Gorsham, 370. ' 

I). — Degrote, Joseph, 370. 

K.—EUison, Joseph, 371. 

F.— Ferguson, John, sen., 377 ; Filer, Samuel, 371 ; Fitch, Col., 367; 
Fouboit, Gabriel, 364; Frardts, Thomas, 370; Fr-ot, Abraham, 371, 
Joseph, 371; Fripp, Eobert, 362. 

G.~Garlick, Reuben, sen., 370, Eeubcn, jun., 370; Grenell, John, 
370. 

H.— Hall, Elihn, 370 l Nathaniel, 370; Haver, Christian, 370; Hawke, 
George, 370; Hay, John, 370; Hogle, George, 370, John, 370; Holbrook, 
Nathaniel, 370; Ilousinger, Michael, 370; Hughes, Major James, 372; 
Hunter, Nancy, 370. 

L. — Ladovie, John, 370; Lea, John, 371 ; Longmore, Dr. George, 359, 
300, 361 ; Lovelet, Joseph, 370, 371. 

Mc— McGregor, Duncan, 370 ; McTavish, Simon, 30-1 ; Martin, John 
371 ; Miller, Ealph, 370; Mills, John, 370. . 

M.— Mount, Philip, 363. 

N.— Nichols, John, 370, 371 ; Noxon, Simon, 370. 

O.— Ostrum, Henry, 370, 371. 

P.— Papineau, Joseph, 308; Pendleton, Benaiah, 370; Phillips. 
Samuel, 3(i9 ; Poison, James, 370. 

Q- — Quackenboss, Abraham, 370. 

li— Euiter, Abraham, 370, Henry, sen., 370, Henrv, jun., 370, 
Jacob, 370, John, 370, Philip, 370; Eychart, Jeremiah, ^371, Joseph, 

S.— Sails, Abraham, 371 ; Savage, Abraham, 370; Scott, Mathew, 379 
380; Sexhy, Garret, 370 ; She|)herd, Thomas, 371; Shufelt. Wm., 371,' 
Sim]>son, Edward, 370; Slater, John, 371; Solomon, John, 371; Stott, 
Robt., sen., 371, Robt., jun., 371 ; Stautou, Wm., 371; Sullivan, Daniel 
371, Thomas J., 370. 

y. — Vandeck, Simon, sen., 371, Simeon, jun., 371; Voyer, Pierre 
366. 

W.— Wait, Joseph, 371; Walker, Margaret, 372; Waters, Able, 371; 
Watson, James, jun., 371; Williston, Wm., 371; Wiltsie, Wm., sen 
371, Wm., jun., 371 ; Wood, ilezekiah, 371; Wright. Philemon, 301. 

Townships. 

C._Clifton, 377. 
F.— Far n ham, 373, 374. 

H.— Halifax, 379, 380; Hemmingford, 377; Hinchinbrook, 360; Hull 
301, 362. 

K.— Kingsey, 361, 368. 
P.— Potton, 3^2. 



fa;_. 




7a— 14 



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210 



1H03. 



1S03. 

.l;»miiiiy lit. 
London. i 



January 20, 
LondfJii. 



February 1. 
London. 



^i 



February 15 
Quebec. 



February 20, 
Quebec. 

February 21. 
London. 

February 2.'<, 
London. 



STATE PAPERS — LOWER CANADA. 



S.— Stanstoad, 367. 

T.— Templolon, HOI ; Tingwiok, 376 ; Tfing, 362. 

W.— Warwick, 377 ; Wondover, 378. 



Q. 93 



Seigniories. 



L.— La Petito Nation, 309. 



LlEDT. Gov. R. MlIiNES AND MISCELLANEOUS — 1803, 

Q. 93. 

Captain Isaac Coffin to Hobart. Had been granted Iho Magdalon 
Islands in 1798 and rocoivcd the patent from the fiovornor ot Quebec. 
The settlers on the Islands are under tlie belief that they are subject to 
the (Tovornniuiit of Newfoundland in.stead of that of Lower Canada, 
as the Admiral on that station has been in the habit of exercising terri- 
torial jurisdiction. Asks that it be signified that these Islands belong to 
Lower Canada and that the trnvernor of Newfoundland is not per- 
mitted to exercise any authority in thorn. Page 119 

F. Freeling, General Post Office, to John Sullivan, Under Secretary. It 
is evidently the recent separation of Superintendent of Post-houses from 
that of Deputy Postmaster General has caused inconvenience and that 
more may be "expected. The miscliicf caused by the double service, if 
the Mattres des posies are to be confined to the duty of carrying passen- 
gers, instead of both mails and pa-^sengers when under one control, which 
gave Government a cheaper service. It will probably be necessary to 
give some additional allowance for carrying the mails, but it is for his 
(Sullivan's) department to determine whether any good reason ha,-, been 
given for separating the services of forwarding the mails and conveying 
passengers, or if it would not be better to confirm the long established 
practice of having them united. If the latter the instructions to Ileriot 
could be framed accordingly. 120 

Paul LoMesurier to Sullivan. Had sent about two years ago, a 
memorial from Philip Ilobin, whodosired to settle some of the uncleared 
lands in Lower Canada, und particularly to engage in the culture of 
hemp, and for this purpose asked for a grant of 20,000 acres. The 
memorial, which asked for some pecuniary assistance. No report was 
received at the time the transfer of the affairs of the Colonies was made 
from the Home Office; asks if one has bicn since made. Robin has 
since spent another winter and summer in Lower Canada at t'le fis^hing 
grounds and having returned, renews his request for a to\\ nship of 
20,000 acres in Molle Bay, immediately south of Ga>p(S Bay, between 
48" 10' and 48° 12' north latitude being the same spot as that prayed for 
in bis former memorial, and is still uncleared. Robin engages to clear, 
settle and cultivate the land in such time as Government shall require. 
The good character of Robin, bis energy, &c, 124 

Elmsley to Ilobart. Transmits memorial to have his house in York 
bought by Government for public uses, and states the causes that have 
led to the deterioration of his private fortune. 128 

Memorial. 1^^ 

Elmsley to King. Further about the application for the sale of his 
house in York. 13-1 

Thomas Dunn, memoiial for leave to retire on a pension, after 40 
years' service. 137 

Commissioners of the Navy to Sullivan. That the sarnjile of oak sent 
by Milncs is not suitable for building or repairing ships in the Royal 
Navy. 142 



Q. 93 



Magdalen 
ot Quebec, 

Hubject to 
ir Ciinada, 
sing terri- 
? belong to 
I not per- 

Page 119 
[•otary. It 
ouses fVom 
e and that 

service, if 
ng paiison- 
trol, which 
icessary to 
t iH for his 
n huh been 
conveying 
Bstabliwhed 
i to Iloriot 
120 
arw ago, a 
I uncleared 

culture of 
cren. The 
report was 

was made 

llobin has 

the fis'-hing 

iwnship of 

y, between 

prayed for 

C8 to clear, 

ill require. 

124 

ise in York 

} that have 

128 

133 

sale of his 

134 

)n, after 40 

137 

of uuk sent 

the Royal 
142 



Q. 93 



SI 



> ijriMi'y. 

irch IS, 

N> iiiwliiill. 



May IT, 

WhiK'Imll. 



>[ay li», 
Luruloii. 



May 28, 

I liii'bff. 



Juno 4, 
Tn'asiiry. 

.luni'il, 
Tivasiirv. 



•Tuno 22, 



.Inii.L'.'i, 
Wliitelmll. 



Avignst 12, 
Titiisury. 

Autrust lf<, 

l/ulnlnll. 



.SepU'iiibtr 7, 
(^utbic. 



8T >TE PAPERS — LOWER C.\ VDA. 



211 



Coffin to Lord St. Vincent. That lie had applied to have the Magdalen 
If^lands ofticially declared to be part of Lower Canada. The grant and 
other papers are in Halifax, which obliges him toiosori to this measure 
and recj osls lli liordship to remind Lord Hobartof his hc ices, A 143 

List of Seigniories, &c. Pa^ 139 

Sir S phcnf'otlrell Sullivan. Encloses memorandum ol the Lui-ds 
of Trail e on '■ D. Coxe, respecting lands mentioned ii Man- 

damus of 17' 145 

Enclosi'd. L.. nil morandum referred to. 146 

W. Favvk' er to Sullivan, Minute of the Lords of Trade on Act for 
reirulating the police in Quebec, Montreal and Three Rivers. Pointing 
o '. lit) impropriety of the clause delegating to the magistrates the power 
0, mposing pecuniary fines for breaches of the law. It might be 
inexpedient, as there have boon similar powers in previous bills, to dis- 
allow the present Act, yet the attention of the Governor should bo called 
to the subject. 148 

John Brickwood, jun., to John Sullivan. Transmits documents rela- 
tive to Canadian hemp and oak timber. 150 

Enclosed. O' vations on Canadian hemp by W. & G. Fowler, twine 
and net maker: nigeport. 151 

The same by Jvobert Rich, rope maker, Dockhead. 154 

Remarks b}' .several ship builders .n the quality of Canadian oak tim- 
ber, and tho uses to which it cat' 'le applied. 156 

Elmsloy to Sullivan. Sends duplicate of letter of 15th February. Had 
lieon under tho impression that the memorial (copy of which was then 
sent) should have been transmitted through the Governor, but General 
Hunter had declined to forward it, 157 

Sargent to same. Transmits letter from Fawkencr, relative to a peti- 
tion from Daniel Coxe respecting lands. 159 

S;ime to same. Transmitting petition fi'om James Monk, late Attorney 
General for Quebec. 160 

Enclosed. ^Monk's petition for remuneration for services as Attorney 
General. 161 

Statement of Monk's ease. 166 

Dunn to Lady Hervo}'. That could ho have finished his business here, 
ho would have returned to Mrs. Dunn, who would have remained with 
the lioys, if the expense could have been attbrded. Had sent a memorial 
to Lord Hobart applying for leave to resign on a pension, but it should 
have been sent through Milnes. Hopes, if opportunity otters, that she 
will put in a word for him with llobai't. Comparison of his salary with 
Osgoodo's and the retiring allowance he obtained, which may be a guide 
to what he (Dunn) might expect. Had purchased for his eldest son 
Thomas, an ensigncy in the I4th Regiment. 171 

Fawkener to Sullivan. The Lords of Trade approve of the caution 
of tho Kxecutive Council in respect to Philemon Wright's proposals for 
the cultivation of hemp. His plan of sowing in drills may produce more 
seed, but it is aiiprehended that it may be at tho risk of the stalk 
throwing out side shoots, to tho detriment of the fibre, which should be 
straight. 175 

Sargent to same. Tho Treasury transmits memorial of Henry Cald- 
well, Receiver General, who asks for instructions. 177 

Osgoodo. Memorial stating his services. Prays that he may be 
enabled to take in this country tho iifcessar}' oaths to enable him to 
obtain his grant of lands in Quebec. 178 

Hlinsley to Sullivan. The desire of every man to return to his native 
country. An Act has been passed to give a pension of £1,000 a year to 
persons who shall have served six years as Judge in the Vice Admiraltj' 

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212 



STATE PAPERS — LOWER CANADA. 



Q. 93 



1803. 



Se])temtit'r 

Downing 

Street. 



10 



October 10, 
Admiralty. 



October, 18, 
(Quebec. 



October 21, 
(,)uebec. 



'< 1 'i- f 



October 22, 
London. 



October 20, 
(Quebec. 



Court in America and the West Indies. The office of Chief Justice in 
either of the Canadas not infoi'ior to that of a Judge of Vice Admiralty 
The important duties of a Chief Justice in addition to his judiciai 
functions. The reasons for granting the privilege to the Vice Admiralty 
Judges apply with equal strength to the Chief Justices. Asks that he 
may be allowed to hope for such a provision as that made for the 
Judges of the Courts of Vice Admiralty. If not, he shall cheerfully 

submit. Vnrra. 1 B'j 

Ireo Hammond to same. Eeturns Dunn's original memorial with 
copy of letter from Liston on the same, by which it apijears that' there 
is no prospect of obtaining redress for Dunn from the American 
Government. jg,. 

Enclosed. Memorial from Thomas Dunn, dated in London 16th 
August, 1802. ■ jgg 

Evan Nepean to Sullivan. Had laid before the Admiralty the applica- 
tion for Mediterranean passes from Milnes. Twenty were sent in 
March and since acknowledged. J93 

Milnes to Hobart (No. 70). Sends exemplifications of the Acts passed 
last session. Schedule and Journals of the Legislative Council 1 

Schedule, ' i. 

Journals of Council, beginning with proclamations calling the Leeisla- 
ture together, &c. ^ 4^^,44 

Milnes to Sullivan, Under Secretary of State (secret). Had received 
letter authorizing Simon Bonsin, late of the diocese of Tours to proceed 
to Montreal as one of the resident Catholic clergymen, and has left him 
at liberty to proceed thither. Reports the course followed by previous 
J^rench emigrants, especially two not mentioned in the list of those who 
remain. One M. Jacques de la Vairre, who had officiated at Three Rivers 
btit had left the Province taking with him a nun of the Ursuline Convent! 
Abbd Desjardins, who with others received letters of denization has 
returned to Prance and is Grand Vicar of Autun. His brother has been 
acting as a Missionary to the Indians of Rcstigouche and Port Daniel 
and now officiates as Grand Vicar of Quebec. How fav the appointment 
ot Ahh6 Desjardins to the Vicar Generalship in Autun is due to his con- 
nection with the Bishop (Talleyrand) is deserving of consideration 
Attention was called by Prescott in 1797 to the danger of admittin<-- French 
emigrant priests and Portland promised to attend to the re]3resentation. 
Calls Lord Hobart's attention to this subject and points out the dano-er 
that may arise from this cause. Will send statement respecting ?he 
seminary estates in Montreal taken possession of by French Suli)icians 
when only one or two of the original members were livin<r. From a 
statement by M. Eoux, Superior of the Society, it appears that the estates 
produce on an average about £4,000 yearly. Will send this and an 
important report drawn up in 1789 by the Attorney and Solicitor General 
on these estates. Tlie introduction of priests from Franco has tended 
very much to weaken the sense of dependence of the Canadian clerL'vou 
His Majesty's Government. 45 

Enclosed. Lists of priests who emigrated from France and arrived in 
Lower Canada since the 1st of May, 1792. 52 

Oath of allegiance taken by the Rev. Philippe Jean Louis i 'osjardins"! 
on he 20ih of October, 1794, extracted from the minutes of Council of 
that date. e^o 

Attorney and Solicitor General to Hobart, That the English law with 
respect to descent and dower must legulate a 6occao;o tenure in 
Canada. " ° j,w 

De Lanaudiere to Sullivan. Calls attention to his memorial presented 
to Milnes and bv him tranMnitted to Hobart. 196 



Q. 93 



STATE PAPERS — LOWER CANADA. 



213 



1803, 



( (ctober 27, 
Quebec. 



OctolxT 30, 

Lower 

Ciinada. 



December 1, 
(iueljec. 



December 19, 
Halifax, N.S. 



December 24, 
Quebec. 






(For letter and memorial, 2nd September, 1802, referred to in preced- 
ing, see Q. 90, pp. 346, &c.) 

Miines to Hobart (No. 71). Had represented the deranged state of 
the Surveyor General's office ; had given the commission of Surveyor 
(leneral to Mr. Bouchette. The satisfaction at his conduct has led to a 
commission of Surveyor General being issued in his favour. Hopes that 
His Majesty will approve of the appointment. Page 54 

^ Enclosed. Minute of Council, 15th August, 1803, on the Surveyor 
General's office. 56 

Joseph Bouchette to Simcoe. "Had taken the liberty of applying for 
his interest towards obtaining him the office of Surveyor General, and 
had sent memorials, &c., on the subject. His good prospects of obtain- 
ing the appointment and the favourable effect of his (Simcoe's) influence 
if used on his behalf. 198 

Miines to Hobart (No. 72). Sends minutes of Executive Council on 
State business from 14th Soptember to 24th October. 61 

Enclosed. Minutes, 24th October. Eeport on a letter from the 
Deputy Surveyor General. 62 

Report on Public Accounts for six months, ending 10th April, 
1803. • 64 to 95 

Memorial by Edmund Burke, one of tho Vicars General of the diocese 
of Quebec. That he had been removed in September, 1'794, from the 
livings of St. Peter's and St. Lawrence, in the Island of Orleans, by 
Mgr. Hubert, Bishop of Quebec, to the River Raisin, in the Miamis 
country, in order to comteract the machinations of the Jacobins among 
the settlers and Indians, which might have been fatal to the 24th regi- 
ment (itationed at Detroit, and the Miamis about 80 miles distant from 
each other, the settlement of the River Raisin being midway. His suc- 
cess in bringing the settlers to obey the Militia laws. After the cession 
of the posts he was offered the living of Ste. Anno, Detroit, on condition 
of becoming an American subject. Believing that that would induce 
others to follow his example, ho rejected the offer, so that he could re- 
turn to the King's dominions. That on his return to Quebec, Prescott 
graiitcd him £100 a year as an indemnification for his losses. In 1801 
Bishop Denault sent him to Halifax, Nova Scotia, to quiet some differ- 
ence which had arisen among the members of the Roman Catholic con- 
gregation there, which he effected. In consequence of the removal, 
Miines had refused to issue the usual warrant for his allowance. Sends 
copy of letter from Simcoe in proof of his statements. Refers to the 
Duke of Kent and others as witnesses to his veracity, and prays that the 
Lieutenant Governor be ordered to issue the usual warrant for the King's 
bounty, 201 

Enclosed. Letter from Simcoe to Burke, dated Quebec, 5th September, 
1796, with extract of letter to Dorchester, recommending a loyal clergy- 
man to bo sent to Riviere au Raisin, and the selection of Burke by Dor- 
chester. 206 

Miines to Hobart (secret). For leave of absence, and that his salary 
be continued while absent from his Government. 96 

Enclosed. Portland to Miines (private), dated London, 6th December, 
1795. His concern at authenticating the King's leave of absence to 
him (Miines;. The proof of this is the confidence placed in him by His 
Grace; hopes he will not endanger his life by continuing to combat 
with a climate that seems so injurious to him. The entire satisfaction 
of the King and his Ministers with his whole conduct. The only thing 
to find fault with is not having accepted the offer made by the Island of 
an additional appointment. The offer should have been "communicated, 
80 that it might be laid before the King, and, if renewed, His Grace is 



214 



STATE PAPERS— LOWER CANADA. 




ii-C 



Q. 93 



1803. 



DocemljHr 
Troaaiiry. 

D»'C'enil)er 
Treasury. 

December 

Horse 

(iuards. 

December 
Quebec. 



24, 



30. 



30. 



1S04. 
.Taniiary !), 
Downing 

Street. 



Xo date. 



1S04 
.Tunuary 
• Quebec. 



■1, 



.laniiary !t, 

Downing 

Street. 

February ] 
(.^ueh<>c. 



to be informed Although it be right to require him to leave Martinico 
yet the public has a right to his aervices when opportunity offers 100 

(Written when Milnoa was Governor of Martinico.; 

Vansittart to Sullivan. Transmits requinition for stationery from 

q"*'^" . m . . PaK« 207 

bame to tame. Transmitting requisition from Milnes for goocin to be 
used as preisents for the Indians. 2O8 

R. IT. Clinton to sumo. That M. Dubaril'B name is noted for employ- 
ment in a foreign coips. ^ ' oKa 

31^ Milnes to Hobart (No. 73). Encloses letter from Sir John Johi ston 
respecting an allowance of £200 u yea.-, which from 1785 to 1800 was 
paid him out of the military chest. This w:is dit^continued on the 25th 
iJecember, 1800, when the management of Indian affairs in Lower 
Canada was committed to the person administering the Civil Govern- 
ment, the Indian ofHcers to be paid by his warrant. Submits the letter 
and asks that authority be given to pay the arrears and continue the 
allowance. _ ,,^ 

Enclosed. "Sir John Johnson to Milnes, dated 22nd December 1803 
on the subject of the allowance mentioned in preceSing letter 112 

Lord Sydney to Sir John Johnson, dated 20lh August, 1785. Author- 
if.ing hini to draw for £1,000 as salary, and that every exertion will be 
made to have this augmented. jj^r 

Hobart to Milnes (No. 17). Dispatches (63 to 71) received. ' Sends 
report on the question whether lands in free and common soccage are 
governed with respect to de